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(영문) 인천지방법원부천지원 2019.01.24 2018가단116691

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 73,372,620 as well as 15% per annum from September 7, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On February 8, 2017, the Defendant concluded a sales contract with the following contents (hereinafter “instant sales contract”) to construct a factory building on the land of Kimpo-si, Kimpo-si (hereinafter “instant factory building”) and sell it to the Plaintiff.

Sales amount: Construction of KRW 1,380,000: 2 Dong-dong 100,200, and 20,000,000,000 (1, 20, 200,000,000,000,000,000 factory, 10,000,000,000,000,000,000,000,000,000

Public charges and development charges related to the construction of toilets (one factory Dong, two offices), shall be borne by the seller.

Acquisition and registration tax (land, building, or land category change) shall be borne by a purchaser.

Other additional construction costs shall be borne by the buyer.

B. On May 2, 2017, the Plaintiff completed the registration of ownership transfer of land on May 2, 2017, and the registration of ownership preservation of the instant factory building on August 10, 2017.

C. On February 19, 2018, the Plaintiff received a notice from Kimpo-il to pay the development charges of KRW 73,372,620, and demanded the Defendant to pay the development charges or pay the Plaintiff the development charges on August 16, 2018.

[Based on Recognition] Each entry of Gap 1 or 4 (including a branch number)

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant agreed to bear development charges for the instant factory building according to the instant sales contract, and thus, is obligated to pay the amount equivalent to the development charges to the plaintiff.

B. The defendant's assertion 1) The defendant asserts that a part of the plaintiff's claim amount shall not be paid since the plaintiff's introduction fee of KRW 10,000,000,000, additional construction cost of KRW 39,914,04 (22,914,044, and 17,000,000,000) should be paid to the defendant, in addition to the purchase price of KRW 1,380,00,00.