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(영문) 수원지방법원 2016.02.04 2015가합62718

전부금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 20, 2006, Pictotype Industry Development Co., Ltd. (hereinafter “Pictotype Industry Development”) purchased each real estate listed in the separate sheet from the Defendant on the land transaction contract permission zone (hereinafter “each real estate of this case”, and, if each real estate is individually named, the real estate of this case’s No. 4.6 billion won is paid and received at the time of the contract, and the balance of KRW 4.26 billion is paid and paid in October 30, 2006).

B. On September 28, 2006, the development of the Bigal Industry was paid to the Defendant with the purchase price of each of the instant real estate in KRW 300 million, and KRW 1 billion on November 15, 2006, respectively. On November 21, 2006, the Defendant prepared a letter of commitment performance with the following contents, and additionally paid KRW 500 million to the Defendant on the same day.

In relation to the purchase of each of the instant real estate, the development of the Bigto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-S to pay the remaining KRW 3.26 billion,

-1) Payment of 50 million won on November 21, 2006 shall be made to KRW 200 million on December 29, 2006, except for the following-1) the Defendant’s debt amount (including any restrictions on rights, such as a limited real right, provisional attachment, provisional injunction, etc.) of the owner of the right to collateral security (including any restrictions on rights, such as a limited real right, provisional attachment, provisional injunction, etc.) set on the above land, and 460 million won shall be paid.

3) 460 million won in the case of paragraph 2 shall be paid within seven days after the authorization or permission for the site is obtained.

C. The development of the big soil-based industry was completed on December 2006 by the date when the real estate Nos. 5 through 7 of this case was not necessary for the establishment of a factory, and only the defendant and the other real estate except the real estate Nos. 5 through 7 of this case were purchased, and the purchase price was paid to the defendant.