매매대금
1. The Defendant shall pay to the Plaintiff KRW 248,00,000 and the interest rate of KRW 15% per annum from December 21, 2016 to the date of full payment.
1. Facts of recognition;
A. On January 16, 2012, the Plaintiff entered into a construction subcontract agreement with the Han Chang Construction Co., Ltd., and the Hanjin-gun Co., Ltd., D and 47 plot of Land Construction Co., Ltd. (hereinafter “instant construction”) to receive a subcontract price of KRW 81,8950,000 (including value-added tax) for the construction project, and carried out the construction project.
B. The Plaintiff, such as the unpaid construction cost and the exercise of lien, had not been paid part of the construction cost, which was the progress of the instant construction. Of the above 48 parcels of land on which the instant construction was carried out, the Plaintiff exercised a lien on the land of 11 lots of land E, F, G, H, I, J, J, K and L, M, N, andO (hereinafter “instant land”).
Since then, the Plaintiff was awarded a successful bid on May 28, 2013 in the voluntary auction procedure for the land of this case.
C. C entered into a contract for the transfer and acquisition of business rights between C and the Defendant, which made it impossible to carry out a housing site development project on the D and 47 lots in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant project”), due to the shortage of funds, concluded a contract with the Defendant on March 18, 2014 to transfer and acquire all of the instant project rights at KRW 1.6 billion (hereinafter “instant contract for the transfer and acquisition of business rights”).
The defendant paid 200 million won down payment to C on the day of the contract.
The part related to this case in the contract for the transfer and acquisition of the business right of this case is as follows.
(b) Any balance of KRW 1.6 billion in sales proceeds 1.6 billion in sales proceeds 2.2 billion in down payment, KRW 300 million in intermediate payment 30 million in March 18, 2014, and KRW 40 million in April 10, 2014, and KRW 1.1 billion in sales proceeds and May 30, 2014.
(c) Article 1 (Transfer of Business Right) of the Terms and Conditions of the Contract refers to a transfer of all of the above land site development project project rights to the Defendant, and the assignment of business rights to the Defendant after extension of business rights to the Siljin Broadcasting, a competent authority, after receipt of down payment.
§ 5 (Land Sale and Purchase) Transfer of the above business rights.