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(영문) 대구지방법원 2018.01.18 2017나311983
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The purchase price of basic facts: 420,000,000 - down payment of KRW 40,000,000 (a remittance of KRW 10,000,000 out of the down payment, and a remittance of KRW 30,000 on December 31, 2013), the intermediate payment of KRW 200,000,000,000 from January 20, 2014 - The remainder payment shall be determined by an agreement after completion inspection.

- Perusal of a certified copy of the register - The seller shall construct a new building (design drawing standards) with the buyer. - The water number of water shall be set standards, and the windows shall be drawn on with the buyer.

- The value-added tax on a building should be separately imposed.

(A) the purchaser shall bear the expenses.

On December 30, 2013, the Plaintiff entered into a contract with the Defendant to sell a building (hereinafter “instant building”) to be newly built on the land (hereinafter “instant building”) for KRW 420,000,000, Seo-gu, Daegu-gu (hereinafter “instant land”) and the land owned by the Plaintiff (hereinafter “instant contract”), and the main contents are as follows.

B. The Plaintiff received KRW 10,00,000, out of the down payment on December 30, 2013 from the Defendant, and KRW 30,000,000 remaining on the 31st of the same month, and KRW 30,000,000, which is a part of the intermediate payment on January 23, 2014, and KRW 70,000,000 in total.

C. The Plaintiff newly constructed the instant building and obtained approval for use on April 1, 2014, and completed the registration of preservation of ownership in the name of the Plaintiff on April 14, 201, and the Defendant was handed over the instant land and buildings from the Plaintiff.

On April 15, 2014, the Defendant filed a lawsuit against the Plaintiff to the effect that “the Plaintiff shall be paid KRW 267,500,000” under the Daegu District Court Branch Decision 2014Gahap1639, and at the same time, the Defendant shall implement the procedure for the registration of transfer of ownership on the instant land and buildings on December 30, 2013, but was sentenced to the dismissal ruling on March 26, 2015.

Accordingly, on May 18, 2016, the following mediation was concluded between the Plaintiff and the Defendant in the Daegu District Court 2015Na21098, which was the appellate court.

hereinafter referred to as "mediation of this case"

(b) Article 14 (1);

1. The defendant (the plaintiff of this case) is 380,000.

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