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(영문) 대구고등법원 2015.10.08 2014나5204

매매대금

Text

1. Of the main claim in the judgment of the court of first instance, KRW 174,437,072 against the Plaintiff (Counterclaim Defendant).

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1 to 4 (including the whole number, if any) and the whole purport of the pleadings.

On November 9, 201, the Plaintiff entered into a sales contract (hereinafter “instant contract”) with the Defendant on the following terms and conditions as the sales contract (hereinafter “instant sales contract”) with the Defendant, under which the Plaintiff sold 300 square meters (hereinafter “instant land”) to the Defendant in Mineyang-si, and the Plaintiff entered into a contract with the Defendant for the construction of a building on the ground (hereinafter “instant contract”).

【Contents of a sales contract】

1. The purchase price of KRW 680 million was paid and received at the time of a contract in the amount of KRW 5 million.

The intermediate payment of KRW 75 million shall be paid on December 26, 201, and the balance of KRW 600 million shall be paid on April 30, 201.

2. Matters specially agreed; and

A. The instant contract is a contract under which the construction and completion of a building is to be made at the intervals of construction and completion on the basis of the drawings confirmed by the parties in the instant land.

In other words, a contract including land and buildings is a contract.

(b) on the basis of buildings D, which may change the level of materials following consultations between the Parties:

C. The construction period is from the time of the intermediate payment to April 30, 2012.

(Provided, That in the event of unavoidable circumstances, the period of construction may be adjusted within two months).

The balance will be paid simultaneously with the completion of the building and the completion of the preservation registration.

The balance shortage will be replaced with the deposit for the lease deposit.

(2) months; (b)

On December 26, 2011, the Plaintiff drafted a standard construction work contract (Evidence A 3) with the owner of a building with the Defendant as the Defendant and the contractor as the Plaintiff as follows:

1. Construction works: New construction works of multi-family house C (hereinafter referred to as “instant building”) in opticalyang-si

2. Period: From January 3, 2012 to June 30, 2012.

3. Warranty period: One year after completion.

C. On December 28, 201, the Plaintiff is entitled to the instant land.