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(영문) 의정부지방법원 고양지원 2018.04.06 2017가합1301
약정금
Text

1. The Defendant’s KRW 687,404,535 as well as the Plaintiff’s KRW 5% per annum from October 11, 2017 to April 6, 2018.

Reasons

1. Basic facts

A. On May 20, 2009, the Plaintiff and the Defendant divided the total sum of 2,305 square meters of G forest, H forest, and I forest into two separate development projects on December 29, 2009, in order to develop the land of this case into one of the 13,020 square meters (hereinafter “Cdong”) of Il-dong, Yongsan-gu, Seoul Special Metropolitan City (hereinafter “Cdong”) prior to the registration conversion owned by the Defendant. The Defendant provided the land for the purpose of development and divided the land into six joint development projects, with the Plaintiff’s share transfer agreement and share transfer agreement to six joint development projects (hereinafter “the joint development agreement”) based on the following joint development agreement and share transfer agreement between the Plaintiff and the Plaintiff.

Since the part of the transfer tax incurred in the sale and purchase of land is the transfer tax for the shares of Party A and Party B, it shall be determined to pay the transfer tax for each share of Party B.

(b).

On April 19, 2011, the Plaintiff entered into a joint housing construction agreement (hereinafter “instant joint housing construction agreement”) with the Defendant to newly construct and sell a house on the J forest and distribute profits by 50% and to share the transfer tax amount at the time of sale and purchase (hereinafter “instant joint housing construction agreement”).

Plans for compensation (shares) for joint development;

1. The amount of the Plaintiff’s share shall be one billion won in preference.

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