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(영문) 서울중앙지방법원 2020.08.20 2018가합579462
기타(금전)
Text

1. The Defendant paid KRW 18,173,00 to the Plaintiff KRW 6% per annum from September 15, 2018 to August 20, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a limited company established for the purpose of real estate sale and lease business.

B. On August 1, 2013, the Plaintiff entered into a sales agency contract with C (hereinafter “C”) with the content that the Plaintiff entrusted C with the sales agency for a senior welfare facility located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “E”) 137 households, a senior welfare facility located in D (hereinafter “instant apartment”).

C. Since then, on October 13, 2014, the Plaintiff concluded a sales contract with the Defendant to sell the instant apartment No. 388,130,000 won for the sale price (hereinafter “instant sales contract”). D.

Upon entering into the instant sales contract, the Plaintiff and the Defendant entered into a special agreement with respect to the payment of the sales price (hereinafter “instant special agreement”) with the following contents, and C and the Defendant entered into a settlement statement with the following content on the same day:

Matters of this case’s special agreement

1. The Plaintiff reserves 40% of the total sale price to the Defendant for a period of five years.

Provided, That where the balance is paid within five months after the sale contract, 38% of the sale price shall be discounted.

2. The Plaintiff does not demand a separate interest cost for the reserved amount during the reservation period.

3. The Plaintiff shall provide documents necessary for the registration of transfer of ownership, where the Defendant paid 62% of the total purchase price, excluding the reserved money under paragraph (1) above, within five months.

4. The defendant shall pay the reserved amount to the plaintiff when the market price of this article exceeds 120% of the total selling price after five years.

If the market price does not reach 120% of the total sale price, the plaintiff's right to claim the reserved payment shall terminate.

5. The assessment of market prices after three years shall be applied to the arithmetic mean of the assessed values of the normal death designated by the plaintiff and the defendant.

The purchase price in the settlement statement of apartment F in this case: 38,137,00 won discount amount: 149,964,000 won (the deferred amount): 238,173,00 won;

E. The Plaintiff on October 2014

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