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(영문) 대전지방법원 천안지원 2018.10.12 2017가합100027
약정금
Text

1. The Defendant’s KRW 500,000,000 as well as 5% per annum from August 1, 2015 to January 13, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 2015, the Plaintiff entered into a land sales contract with Nonparty C (hereinafter referred to as “C”) to purchase a down payment of KRW 400,000,000,000 in total, KRW 4.25,000,000,000,000 for land for which the sum of KRW 124,233,000,000, and KRW 4.25,000,000,000, and paid a down payment of KRW 400,000,000 to C on July 14, 2015.

B. At the time when the Plaintiff entered into the above land sales contract, E Co., Ltd. (hereinafter “E”) who carried out civil engineering works for the construction of land for the instant real estate was unable to receive construction cost from C, and was exercising the right of retention on the instant real estate. The Plaintiff, C, and E entered into a special contract for the payment of construction cost.

According to this, when the Plaintiff receives a successful bid or purchases the instant real estate, E shall pay KRW 1 billion to E in return for the waiver of the lien, but the KRW 100 million was immediately deposited and the remaining KRW 900 million was paid on the balance date of the sales contract.

Accordingly, on June 19, 2015, the Plaintiff deposited the down payment of KRW 100 million in the Fhapdong Certified Judicial Scriveners Office and kept it.

C. At the instant real estate auction procedure, G was awarded the instant real estate in the amount of KRW 4.18 billion, but did not fully pay the successful bid price.

While the Plaintiff was unable to pay the remainder, the Defendant introduced the Defendant to C, and the Defendant and C concluded a sales contract with the Plaintiff on July 2015, as the same terms and conditions as the sales contract concluded between the Plaintiff and C with respect to the instant real estate. The Defendant paid C the remainder remaining after deducting the amount of KRW 425 million already paid by the Plaintiff from the sales price of KRW 4.25 million, and completed the registration of ownership transfer on July 31, 2015.

E. The Defendant shall pay KRW 1 billion to E, such as a contract under a construction cost payment agreement concluded by the Plaintiff even with C and E, and down payment.

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