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(영문) 서울고등법원 2017.01.13 2016나2040864

약정금

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1. The part of the judgment of the court of first instance against the defendant against the plaintiff A shall be revoked, and the part of the revocation shall be revoked.

Reasons

Basic facts are to acquire land to implement an urban development project. On June 21, 2006, the Defendant entered into a sales contract with the Plaintiffs on June 21, 2006 with the purchase price of KRW A28.93 billion, KRW B8.6 billion, and KRW 1.78 billion with the down payment and the intermediate payment to the Plaintiff, KRW 1.78.6 billion with the down payment and the intermediate payment to the Plaintiff, KRW 1.788 billion with the remainder of KRW 23.14.4 billion with the Plaintiff, KRW 6.1 billion with the Plaintiff, and KRW 6.5.1 billion with the Plaintiff’s remainder of KRW 6.1 billion with the Plaintiff, KRW 6.2 billion with the remainder of KRW 6.2 billion with the Plaintiff’s remainder of KRW 6.5 billion with the Plaintiff’s land and each of the above intermediate payments to the Plaintiffs within December 28, 2006 (hereinafter “each of the above previous sales contract and each of the intermediate payments”).

On December 18, 2009, the plaintiffs and the defendant agreed with the following contents, such as ① in order to compensate the plaintiffs' losses caused by the delay in the payment of the balance by the defendant, the defendant additionally pays 5 billion won to the plaintiffs, ② the defendant's burden of imposing additional taxation on capital gains tax regardless of the transfer income tax and its title:

(hereinafter “instant agreement” or “instant agreement”. Article 1 (Amendment of Sales Contracts) of the former sales contract concluded between the Plaintiffs and the Defendant, and the Defendant paid KRW 37.53 billion in the purchase price. However, in order to compensate for the Plaintiffs’ damages caused by delay in the purchase price, KRW 5 billion in the above sales price shall be increased, and KRW 18.15, which is part of the sale real estate, shall not be acquired by the Defendant as it is incorporated into a road site in relation to the business conducted in Incheon Metropolitan City, and as the Defendant cannot acquire ownership, the size of the land incorporated into the road site (18.15 square meters) ¡¿ (3 million won) 】 The remaining KRW 42.455 million after deducting KRW 54,455,00 in the ordinary price (3 million) stipulated in each previous sales contract shall each end.