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(영문) 수원지방법원안양지원 2015.08.20 2014가합951

약정금 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic facts are as follows, the Plaintiff and the Defendant Company: (a) complete the registration of ownership transfer of the instant land to the Defendant Company or to a person designated by the Defendant Company; and (b) transfer all of the powers relating to the instant land’s construction work.

Article 1 (1) The Defendant Company shall pay the remainder of the land (90 million won) that the Plaintiff failed to pay to E, a seller of the instant land, within 90 days after the completion of the registration of transfer of ownership, after the Defendant Company’s designation was transferred the ownership and business rights of the instant land from the Plaintiff.

However, the above payment shall be KRW 200 million until July 27, 2012, KRW 400 million until September 25, 2012, and the remainder of the third payment until October 25, 2012.

(B) If the defendant company under Article 2 violates Article 1, the penalty shall be paid in 200 million won.

(Article 3 omitted) The Defendant Company, at the time of sale of officetels, designates one room for 29 square-type officetels and one room for 14 square-type officetels to the Plaintiff and supplies them free of charge in return for the transfer of ownership transfer and business rights.

However, if the business owner of the instant officetel (a person who acquires ownership and business rights from the Plaintiff) completes the construction of the instant officetel and the business profit of the instant officetel occurs to less than 10% after the settlement of the accounts, the officetel shall not be sold or supplied without compensation.

The defendant company shall provide the plaintiff with the settlement of accounts (for submission of tax books).

(hereinafter) On July 23, 2012, the Plaintiff agreed to transfer the instant business rights between Defendant B Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “Defendant Company”) and the Defendant Company (hereinafter “Defendant Company”) on July 23, 2012, while purchasing the instant officetel D large 826.5 square meters (hereinafter “instant land”) and constructing and selling an officetel on the said ground, and the Plaintiff agreed to transfer the instant business rights to the Defendant Company, which includes the following matters.