약정금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. Codefendant B of the first instance trial is the actual operator of C Co., Ltd. (hereinafter “C”), and the Defendant, a company engaged in housing construction business, real estate sale and lease business, which promoted the implementation of apartment construction business in a single unit of 114mm2 (hereinafter “instant land”).
The indication of real estate sales contract real estate: D. 114 square meters (including all of the buried property): 150,000,000 won shall be paid as follows:
15,000,000 won for down payment shall be paid (payment) at the time of conclusion of a sales contract and the balance shall be paid 135,000,000 won.
Taxes and public charges imposed in relation to the sale and purchase of real estate under Article 5 shall be borne by the seller (Plaintiff) until the date of transfer of ownership, and the buyer (C) shall be borne thereafter.
On October 4, 2011, 201, the buyer C Company B (the seal of the representative director is affixed)
B. On October 4, 2011, the Plaintiff entered into a contract with C to sell the instant land at KRW 150,000,000 (hereinafter “pre-sale”) as indicated in the real estate sales contract (Evidence A2) with C as follows.
C. On October 4, 2011, C paid the down payment of KRW 15,000,000 to the Plaintiff.
On March 29, 2013, between C and C, the Defendant provided the Defendant with a sales contract and authorization and permission services for real estate in the project site, and the Defendant entered into a service contract (Evidence B B and C; hereinafter “instant service contract”) with C to pay the service cost of KRW 6,300,000,000, and changed the service cost of the said service contract between C and C on April 24, 2013.
(B) No. 2) d.
With C’s consent on May 25, 2013, the Plaintiff and the Defendant succeeded to the purchaser status under the preceding sales contract, and purchased the instant land from the Plaintiff, and the Plaintiff shall pay the remainder of KRW 135,00,000 to the Plaintiff on September 15, 2013.