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(영문) 인천지방법원 2016.06.09 2015가합1419
약정금
Text

1. The defendant,

(a) KRW 1,924,800,205 to Plaintiff A and 5% per annum from February 27, 2015 to June 9, 2016;

Reasons

1. Basic facts

A. The Defendant, on June 21, 2006, purchased the land to implement an urban development project at KRW 37.57 square meters (hereinafter “instant land”) and each of the above ground buildings, trees, etc. (hereinafter “instant land, etc.”) in Gyeyang-gu, Incheon, where Plaintiff A owned and KRW 13.57 billion, and KRW 95.12 square meters of forest E (hereinafter “each of the above land”) prior to D, Incheon, Gyeyang-gu, which was owned by Plaintiff A, and KRW 3.7.53 billion (hereinafter “the instant land, etc.”) in total. The Defendant purchased the down payment and intermediate payment to the Plaintiffs KRW 7.66 billion ( KRW 5.77 billion, KRW 1.76 billion, KRW 1.66 billion, KRW 2.8 billion, KRW 2.66 billion, KRW 2.66 billion, KRW 2.461 billion, KRW 2.665 billion, KRW 2.666 billion, respectively, on the date of the contract.

B. After that, the Defendant delayed the payment of the remainder under the previous sales contract. On December 8, 2009, the Plaintiffs and the Defendant sold the instant land, etc. to the Defendant in total at KRW 42.477,855 million; however, on the basis of the final sales price, the amount imposed on the said capital gains tax is borne by the Defendant (hereinafter “instant agreement”), regardless of whether the Plaintiffs are obligated to pay capital gains tax and the title, and the agreement containing the following contents (hereinafter “instant agreement”).

[Then, the plaintiffs and the defendant shall make a final sales contract (Evidence No. 3-1 and 2-2 of the evidence No. 3) with a total of KRW 42.47,854 million (Plaintiff A 32.68,5940,000 won, Plaintiff B 9.79,2600,000 won) (hereinafter "final sales contract").

(2) The Plaintiff and the Defendant concluded the previous sales contract and concluded the sales amount, and only 37.5 billion won.

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