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(영문) 서울중앙지방법원 2016.08.25 2016가합368
매매대금
Text

1. The Defendant’s KRW 2,480,00,000 as well as 5% per annum from July 1, 2016 to August 25, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On May 2004, the Plaintiff and C concluded a sales contract with the Defendant, a housing reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Residential Environments for the purpose of implementing a housing reconstruction project (hereinafter “instant sales contract”) on land of 3,380 square meters and E 545 square meters of forest land (hereinafter “instant real estate”).

B. After that, on January 26, 201, the Plaintiff and C reached an agreement with the Defendant regarding the instant sales contract (hereinafter “instant agreement”) and the key contents are as follows.

1. The Defendant’s KRW 6.2 billion ( approximately KRW 5.2 million per square year) out of the purchase price of the instant real estate shall be paid to the Plaintiff and C by 80% within three months from the contractor after entering into a provisional contract with the contractor, and the remainder shall be paid from the Plaintiff and C when transferring the name of the Defendant to the Defendant.

2. The plaintiff and C shall provide the defendant with the documents necessary for the registration of transfer at the same time as receiving the above payment from the defendant.

5. The plaintiff and C withdraw the lawsuit for revocation of project implementation authorization filed by the plaintiff and C immediately after the signing of this Agreement, and the Seoul Central District Court 2009Guhap515, and the lawsuit for revocation of project implementation authorization under the Seoul Central District Court 2010Gahap94743. The defendant also withdraws the lawsuit against the plaintiff, C among the lawsuit for claim for ownership transfer registration filed by the defendant immediately after the signing of this Agreement, and the defendant, the plaintiff, and C cannot file a civil or criminal lawsuit in any case.

6. The plaintiff and C must submit to the defendant a written consent to land use of the real estate of this case accompanied by the certificate of seal impression of the plaintiff and C at the same time as this agreement is reached.

C. On June 21, 2014, the Defendant selected filial duty as a contractor on June 21, 2014 (hereinafter “ filial duty”). On September 19, 2014, the Defendant concluded a contract for construction works between filial duty and filial duty.

[Reasons for Recognition] There is no dispute, Gap evidence 1 and 3 respectively.

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