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(영문) 대전지방법원서산지원 2016.08.18 2015가합808
약정금 등
Text

1. Defendant B shall pay to the Plaintiff KRW 281,039,420 as well as 15% per annum from November 28, 2015 to the date of full payment.

Reasons

(b)the buyer is responsible for all;

B. On February 5, 2008, there was a gas station building permit in the name of C with respect to the instant land.

C. On May 1, 2008, Defendant C made a sales contract with regard to the instant land and the right to permit the construction of a gas station with the seller as the seller on May 1, 2008, and entered the following special terms into: (a) the sales contract with regard to the instant land and the right to permit the construction of a gas station with the purchase price of KRW 2.350 million; (b)

(See only the parts related to this case). * The owner of a gas station (owner) is C, and the owner of the land is the plaintiff.

C The permitting authority shall attach all the rights to the building permit and the transfer of the ownership of the site to the defendant B under the condition that the contract is made by delegation of all the rights to the building permit and the actual act of commencement and completion of the construction of the gas station* the buyer in the name of the seller, and the seller shall cooperate in all necessary matters

Construction is a direct construction project directly paid by a building owner (seller) for all materials and personnel expenses.

* This building permit does not change the name of the owner, and the buyer (Defendant C) after the preservation registration is made by the current owner (C) after the completion of construction.The business income tax generated by the building act is borne by the seller, the value-added tax refunded during the construction must be refunded by the seller and paid to the buyer, and the value-added tax related to the sale of the building must be paid separately by the seller.

* The seller shall bear the cost of preservation registration after completion and the buyer shall bear the cost of ownership transfer registration.

* After the completion of a gas station building, the principal contract is reversed and the contract amount is modified as much as the construction cost is added. D.

After the construction of a gas station (hereinafter “instant gas station”) was completed, Defendant Seo Young Transportation concluded a contract with the purchase price of KRW 2.53 billion in consideration of the construction cost added to the instant land and the gas station on January 7, 2009.

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