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(영문) 수원지방법원안산지원 2014.06.26 2013가합3917

부동산매매대금

Text

1. Defendant C Co., Ltd. shall pay KRW 929,00,000 to the Plaintiff and 5% per annum from January 24, 2014 to June 26, 2014.

Reasons

1. Basic facts

A. On May 14, 2009, the Plaintiff entered into a real estate sales contract (hereinafter “the sales contract of this case”) with the above Defendant on November 17, 2010, with a view to securing the Plaintiff’s claim for construction cost as to the D Building Nos. 4001 through 4011, 502 and 5003 (hereinafter “each real estate of this case”) of Bupyeong-gu Incheon Metropolitan City, Incheon Metropolitan City, which was owned by the Plaintiff, on May 14, 2009, on the ground of a pre-sale agreement, on May 13, 2009. The Plaintiff was proposed to transfer each of the real estate of this case from Defendant C (the representative director E at the time) and proposed to sell it to the above Defendant. The real estate of this case was sold to the above Defendant at KRW 5.3 billion, and the method of paying the purchase price was determined as follows.

(1) The down payment of 2 billion won shall be paid by issuing a corporate bond of the defendant C by November 19, 2010.

(2) An intermediate payment of KRW 1.5 billion shall be paid by the issuance of corporate bonds of Defendant C by no later than December 30, 2010.

(3) In lieu of the payment of the remainder of KRW 1.8 billion, the secured debt of the right to collateral security established on each of the instant real estate shall be acquired KRW 1.8 billion.

B. Defendant C is liable to the Plaintiff on the date of the conclusion of the instant sales contract, and the money to be actually paid to the Plaintiff among KRW 5.3 billion in real estate sales contract entered into with the Plaintiff on November 17, 2010 is KRW 3.5 billion in total with down payment and intermediate payment, and the Plaintiff’s responsibility is limited to the transfer of only the provisional registration part of the Plaintiff’s authority at present.

The maturity of the corporate bond shall be officially inevitable for six months (no form is less than six months) and shall be repaid in cash within three months in substance.

(3) The balance of KRW 1.8 billion is a cost to dispose of bank liabilities and all the costs (such as transfer income tax, taxes, registration tax, and other charges) that the Plaintiff will incur in addition to the contract.