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(영문) 부산지방법원 2020.11.11 2019나61137
공사대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. On April 21, 2017, the Plaintiff and the Defendants concluded a real estate sales contract with the following terms (hereinafter “instant primary sales contract”).

The Plaintiff: The seller: The seller's real estate subject to the sale of the Defendants: the land and building located in Jung-gu, Busan, and D (hereinafter "the instant building") in Busan (hereinafter "the instant real estate"): the purchase price of KRW 2.325 million: (the contract amount of KRW 200 million shall be paid and received at the time of the contract, and the loan of KRW 960 million shall be succeeded by the buyer. The intermediate payment of KRW 300 million shall be paid and paid to June 12, 2017, and the balance shall be KRW 865 million) - The building of this contract shall be accompanied by specifications for the construction of the building.

- The remainder shall be paid at the time of completion of lease by 80% of the total number of households after the completion of the building, and the seller shall bear the intermediary remuneration incurred at the time of lease.

- This contract is a contract including value added tax.

- The remainder payment date will be 80% of the rent after the completion of the building.

B. The Defendants paid the Plaintiff the down payment of KRW 200 million on the day of the contract, and the intermediate payment of KRW 300 million on June 7, 2017, respectively, in accordance with the instant first sales contract.

C. On July 21, 2017, the Plaintiff obtained approval from the head of the Gu of Busan Metropolitan City for the use of the instant building.

On July 26, 2017, the Plaintiff and the Defendants concluded a real estate sales contract (hereinafter “instant secondary sales contract”) with respect to the instant real estate as follows:

The Plaintiff: The Plaintiff: The seller’s real estate subject to the sale of the Defendants: the purchase price of the land E, D located in Busan Jung-gu, and the F Building G (17 room): KRW 2.325 million (the contract amount of KRW 200 million shall be paid and received at the time of the contract, and the loan of KRW 960 million shall be succeeded to by the buyer. The buyer shall succeed to the present lease deposit of KRW 185 million. The intermediate payment of KRW 300 million shall be paid on June 7, 2017. The remainder of KRW 680 million shall be paid on August 17, 2017) - The part of the building under this contract shall be the part.

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