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(영문) 의정부지방법원 2017.01.11 2015가단123566

약정금

Text

1. The Defendant: (a) KRW 162,337,700 for the Plaintiff and 5% per annum from April 15, 2016 to May 20, 2016.

Reasons

1. On August 27, 2012, the Plaintiff (1) entered into a contract with the Defendant (the first buyer, the Defendant’s spouse, entered into a contract with the Defendant’s spouse, but later entered into the contract in the name of the Defendant; hereinafter “the Defendant”) to sell the volume of D large 264 square meters and E 113 square meters (hereinafter “instant real estate”) in Namyang-si, Namyang-si, and entered into a contract with the Defendant to sell the said volume of 113 square meters (hereinafter “instant real estate”). The sales amount and special terms set forth as follows.

The purchase price of KRW 370 million shall be paid and received at the time of the contract. The intermediate payment of KRW 200 million (replacement with the agricultural loan) and the balance of KRW 150 million [Special Agreement]

1. To construct a new building in the name of the seller on the land of the Plaintiff, and the buyer bears the ownership and expenses of the building, and the building permit shall be held liable by the seller (F).

2. If the 370,000,000 won has been repaid from the sale price to the 3.7 billion won, and the seller has provided KRW 50,00,00 (including the contract deposit) to the seller, the remaining amount shall be the buyer's liability for the transfer tax (the amount reduced from approximately 120,000,000 won).

Accordingly, all remaining amounts under the contract are completed.

(2) On October 16, 2012, C prepared and awarded to the Plaintiff a performance note stating that “All taxes and public charges are responsible (all taxes and public charges) are the buyer’s responsibility.”

(3) After the conclusion of the above sales contract, the Defendant started to build a new building, and the Plaintiff delegated the registration of the instant real estate to F, a broker.

(4) On August 1, 2013, which is necessary for filing an application for the transfer of registration, the buyer entered in the sales contract in the name of the defendant, not C, and the defendant completed the transfer of registration in the name of the defendant on August 16, 2013.

(5) Meanwhile, on August 22, 2013, the Defendant paid part of the transfer income tax to the Plaintiff KRW 30 million as part of the transfer income tax, and, on the other hand, paid the Plaintiff KRW 15,000,000 in gold out of the estimated transfer tax amount.