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(영문) 서울중앙지방법원 2017.03.09 2016가단26431
양수금
Text

1. The Defendant’s KRW 150,000,000 as well as annual 5% from December 5, 2006 to November 4, 2016 to the Plaintiff.

Reasons

1. The facts under the recognition of facts are either in dispute between the parties or in accordance with Gap evidence of heading 1 to 13 (including the number of branch offices; hereinafter the same shall apply), Eul evidence of heading 1 and 2, and the testimony of the witness C, which are the whole purport of the pleadings. A.

On October 31, 2006, Nonparty D entered into a sales contract for real estate and business license rights (hereinafter “instant contract”) with the Defendant on the following terms with respect to the housing of the wife population E 2940 square meters and the housing of the 2-dong 2-dong 18 household on the ground of the above ground (hereinafter “instant real estate”).

(1) In the event that the comprehensive adjustment of the purchase price of multi-family housing 1,80,000,000 won for multi-family housing 50,000,000 won and the remainder of KRW 1,750,000,000 on the 2940 square meters of land on the ground of the 18-dong 18-dong 18-dong 18-dong 1,80,000 in terms of real estate transaction agreement on real estate and business permission agreement, the construction business permission right (2) land rights adjustment right (the comprehensive cancellation such as the establishment of provisional attachment provisional attachment provisional attachment attachment) (3) title adjustment of the right to a building on the ground (the comprehensive cancellation such as the establishment of provisional attachment provisional attachment provisional attachment attachment) (4) present resident transfer comprehensive adjustment party D pays the balance to the defendant when

The defendant shall implement the above (i) through (iv) from the contract date to 60 days at the latest from the contract date.

It pays twice the down payment when the promise is unable to be performed.

B. On October 31, 2006, when the contract was concluded, D paid KRW 50 million to the Defendant as the down payment. On December 5, 2006, D transferred KRW 100 million as part of the remainder to the Defendant’s account and paid KRW 150 million in total to the Defendant.

C. However, even if the time much more than 150 days have elapsed from the contract date, the Defendant shall arrange ① the building project permit right, ② the land rights adjustment, ③ the rights adjustment of the ground buildings, ④ the relocation of the present residents.

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