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(영문) 서울고등법원(춘천) 2017.09.06 2016나2036
기타(금전)
Text

1. Of the judgment of the first instance, 17,878,000 won against the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) and its related thereto.

Reasons

1. Basic facts

A. On September 29, 201, the Plaintiff and the Defendant concluded the following agreements (hereinafter “instant agreement”) regarding the Republic of Korea Hongcheon-gun, Hongcheon-gun, and 17 parcels (hereinafter “instant land”).

(A) “A” means the Plaintiff, and “B” means the Defendant, respectively). 1. A grants the authority to develop and sell real estate owned by the Plaintiff to B.

However, the period shall be determined by the last day of February 2012.

2. B shall purchase permission for development activities in the name of A with respect to the whole land, the specific use area of which is currently controlled, and part of land within an agricultural and forest area, from among land A, to sell it to a third party.

3. B shall secure access roads to the remaining land, excluding the land subject to parcelling-out, from among the land of Party A, and shall be subject to development activities, so as to make it possible to later develop it;

4. B shall enter into a real estate sales contract in the name of A, and both the down payment and the intermediate payment shall be deposited into the passbook of A;

5. The sale price of buildings in units shall be determined autonomously by Eul, and Gap shall pay to Eul the amount exceeding 300,000 won per square meter in the case of land in the control area, and 150,000 won in the case of land in the agricultural and forest area, immediately to Eul the amount exceeding 150,000 won

However, when capital gains tax to be borne by A has increased as a result thereof, only the remainder except the difference shall be paid.

6. The expenses for consent to use the road to enter the land owned by A, and the expenses for bridges and permission for development of remaining sites shall be borne by A;

7. The expenses for authorization and permission of land to be sold, groundwater, wastewater pipes, civil engineering, landscaping, etc. shall be borne by the purchaser, etc. of the relevant land, and the responsibility for development shall be borne entirely by the purchaser, etc. of the relevant land

8. When the sale of land is not made by the agreed deadline, various authorizations and permissions and development rights shall belong to A, and they shall belong to B on this ground.

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