logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2016.04.14 2015가합202618
채무부존재확인
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. On April 9, 2014, the Plaintiff was awarded a contract for the construction of multi-household/multi-household housing (hereinafter “instant construction”) in each land listed in the separate sheet No. 1,104,972,00 on the land owned by the Plaintiff (hereinafter “instant land”) with the construction of multi-household/multi-household housing (hereinafter “instant construction”) on each land listed in the separate sheet No. 1,104,972,00, and on July 7, 2014 from the Gwangju City Mayor, the Plaintiff carried out the instant construction with the permission for the construction of multi-household multi-household housing (multi-household housing) on the ground of the instant land, the total floor area of which is 498.08 square meters, among the instant land.

Al Industrial Development, however, waived the instant construction on October 25, 2014 when the structural construction was in progress.

(hereinafter referred to as the "Prior Works") b. A structural construction undertaken in accordance with the industrial development.

On March 17, 2015, the Plaintiff: (a) sold the instant land to the Defendant in KRW 1,050,000,000 to the Defendant, but (b) prepared a land sales contract as shown in the attached Table 2 stating that the purchase price shall be replaced by the transfer of 7 households of multi-household houses at the time of completion of construction without down payment and intermediate payment; and (c) stipulated as follows under a special agreement:

(hereinafter “instant contract”). Special agreement

1. Two multi-household houses are newly built on the instant land; 16 households are newly built.

(PF loan) 2. The buyer is responsible for the entire construction cost and the buyer transfers 7 households of multi-household housing to the seller in lieu of the purchase cost of KRW 1.05 billion in lieu of the purchase cost.

Provided, That the housing price shall be converted to KRW 150 million per household.

3. The buyer shall be responsible for all the expenses incurred in the PF loans in the name of the seller and until completion of the business.

4. After completion, a seller shall take the responsibility for financial expenses, etc. for seven households in lieu of the relevant goods.

5. The seller shall be responsible for expenses incurred in the entry of urban gas.

6.The buyer shall pay to the seller the general cost of the project, including the cost of the project, out of the total cost of the PF.

arrow