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(영문) 대전지방법원 2020.02.18 2018가단207202
매매대금
Text

1. The defendant's KRW 1,391,50 per annum against each of the plaintiffs and 5% per annum from October 22, 2019 to February 18, 2020.

Reasons

1. On October 15, 2016, the Defendant entered into a construction contract (hereinafter “the first construction contract”) with the Plaintiffs to incorporate two single-story detached houses (area 65.76 square meters) on the land owned by the Plaintiff (hereinafter “the first construction contract”) into the construction cost of KRW 157 million (from October 15, 2016 to January 20, 2017) on the land owned by the Plaintiff Seosan-si, Seosan-si (hereinafter “the first construction contract”).

As the Defendant discontinued construction works that had not been paid down payment, etc. according to the first construction, it received KRW 10 million from the Plaintiffs on April 13, 2017. The Defendant drafted a construction cost payment agreement with the Plaintiffs on April 23, 2017 regarding the payment of the first construction cost, and received KRW 4 million on May 14, 2017.

In other words, on May 30, 2017, when the first construction was interrupted, the Plaintiffs proposed to the Defendant to conclude the construction project for one remaining unit (hereinafter “instant construction project”) instead of transferring ownership to the Defendant of the ownership of one of the two detached houses newly constructed pursuant to the first construction contract and one of the land owned by the f.660 square meters (hereinafter “instant land”). The Plaintiffs and the Defendant agreed to enter into a sales contract for the instant land with the purchase price of KRW 55 million. The main contents of the contract are as follows.

(1) Payment of the purchase price shall be substituted by construction expenses.

(2) The transfer of land ownership shall be made to transfer the ownership at the time the construction work is completed and the partition of land is completed.

(6) When transferring ownership after the completion of the contract terms, matters subject to restrictions, such as collateral security, superficies, etc. of the bank shall be cancelled.

Matters concerning construction works under paragraph (2) (1) Construction costs of this case shall be KRW 80 million.

The down payment of KRW 15 million is completed - the remaining amount.

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