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(영문) 수원지방법원 2017.11.15 2017가단505953
매매대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 16,997,902 to the Plaintiff (Counterclaim Defendant) and its related amount from July 1, 2016 to November 15, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

Facts of recognition

A. On March 10, 2015, the Plaintiff sold to the Defendant, around March 10, 2015, a total of 1,758 square meters of land (hereinafter “instant land”) and 560 square meters of a factory building (hereinafter “the instant building”) newly constructed on the said land, which is part of the said land, and a total of 1,758 square meters of land (hereinafter “the instant land”) and a factory building (hereinafter “the instant building”).

(hereinafter “instant sales contract”). B.

Accordingly, the Plaintiff and the Defendant drafted a sales contract stating that the date of preparation was retroactive on May 7, 2014, and the main contents are as follows:

Indication of Real Estate: The sum of 1,758 square meters (530 square meters) of forest land and C before the time of harmony: 170,000 won of public blank contract deposit at the time of contract and the special terms and conditions on receipt;

1. The land shall be disposed of by dividing it as shown in the accompanying drawings, and the price (e.g., deliberation x 640,00 won) of the area reduced after making a survey shall be reduced from the total sale price; and

2. The costs of civil engineering and design, permission costs (including taxes and public charges necessary for permission), civil construction costs (including 100,000 won/pacts) paid for the permission of a factory are not included in the purchase price, and the purchaser must pay the remainder of the purchase price to the seller at the time of the remainder of the purchase price.

3. At present, a factory is being newly constructed on the above land, and the cost of construction (1.7 million won/pact) will be borne by the buyer without relation to the seller.

C. The Plaintiff and the Defendant decided to substitute the Defendant’s existing loan claim amounting to KRW 172 million against the Plaintiff.

On June 30, 2015, the Defendant paid intermediate payment by acquiring the Plaintiff’s loan obligation of KRW 491 million. D.

Upon completion of the development of the instant land and the new construction of the building, the Defendant completed the registration of ownership transfer of the instant land and the registration of ownership preservation of the instant building on June 30, 2015, respectively, and completed the instant land and the instant land.

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