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(영문) 인천지방법원 2018.06.12 2017가단208

분양대금 등

Text

1. The Defendant’s KRW 38,779,050 for the Plaintiff and KRW 5% per annum from April 1, 2015 to April 25, 2017.

Reasons

1. Basic facts

A. On June 6, 2012, the Plaintiff entered into a real estate transfer and investment contract (hereinafter “instant investment contract”) with respect to the total sum of 3,957 square meters of land in Incheon-gun, Incheon-gun, Incheon-gun, Incheon-gun, which is owned by the Plaintiff (the Plaintiff was divided into 1,497 square meters, and 12 square meters of land) with C (hereinafter “Nonindicted company”) with a company engaging in the business of real estate development, etc., as follows:

Article 1 [Purpose of Contract] The purpose of this Agreement is to transfer the real estate indicated in Article 2 owned by the Plaintiff (hereinafter referred to as “subject real estate”) to the non-party company and to provide for the method of paying the proceeds of sale to the plaintiff after developing the subject real estate transferred by the plaintiff.

Article 2 [Indication of Real Estate] Article 2 3,957 square meters (1,196 square meters) area of a site outside of Da, Incheon Metropolitan City, Incheon Metropolitan City, the area of which is 3,957 square meters (1,196 square meters) area/district planning area

1. The area of the real estate concerned shall be determined on the basis of land cadastre, but if the area is changed through the survey thereafter, the transfer proceeds shall be increased or decreased by calculating the area changed according to the measured area and the actual area of building permission;

2. In principle, real estate in question shall be divided into several parcels, but regarding subdivisions, the plaintiff and the non-party company may adjust the subdivisions through consultation.

Article 3 [Duties of Foreign Company]

1. The non-party company will undertake a real estate development project to newly construct and sell fences on the subject real estate.

2. The non-party company shall newly construct a fence through the real estate development project as stipulated in the preceding paragraph and pay the Plaintiff the proceeds of the sale of the real estate subject to the purchase.

3. Taxes and the Plaintiff’s transfer income tax on revenues accrued from the development project of the subject real estate shall be borne by the Nonparty Company.

4. The non-party company does not require the Plaintiff to offer land as a security for development terms.

5. The project period shall complete authorization or permission.