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(영문) 수원지방법원 안산지원 2018.11.28 2017가단67561
매매대금
Text

1. The Defendants are 15% per annum with respect to each of the Plaintiff’s KRW 50 million and each of them, from December 9, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On November 21, 2016, the Plaintiff and D entered into a real estate sales contract with the purchase price of KRW 150 million, intermediate payment of KRW 50 million, intermediate payment of KRW 60 million, and remainder of KRW 1040,000,000,000 for the land indicated in paragraph (1) of the attached Table E and paragraph (2) of the attached Table (hereinafter collectively referred to as “instant real estate”), which was constructed on the land and the buildings on which the said land were located (hereinafter collectively referred to as “instant real estate”). The Plaintiff and D signed a real estate sales contract with G, a representative director of the FF corporation, and H, who is responsible for actual construction, as a guarantor.

(1) All expenses incurred by the inspection of approval for use of this building shall be borne by the seller.

(2) The sales contract amounting to KRW 50 million and the intermediate payment of KRW 60 million shall be transferred to F Co., Ltd. (Representative G), which is the contractor of this building, the full amount of construction expenses, and F Co., Ltd. shall not be used for any purpose other than the relevant construction expenses.

(3) The buyer's investment in the construction cost of KRW 290 million shall be paid except for the construction cost.

B. The Plaintiff paid KRW 50 million to E on November 22, 2016, the intermediate payment of KRW 60 million on December 1, 2016, pursuant to the terms and conditions of the said contract under paragraph (2) and paid KRW 50 million to E as construction price immediately.

C. However, around February 15, 2017, around the end of the instant real estate construction project, H proposed the Plaintiff to purchase the I Announcement Board of Suwon-gu, Suwon-si (hereinafter “I Announcement Board”) instead of the instant real estate, and the Plaintiff is a son of J on February 20, 2017.

And I concluded a sales contract with regard to the purchase cost of KRW 110 million. D.

On February 13, 2017, the Plaintiff appears to refer the intermediate payment to the Defendants and the instant real estate at KRW 1.155 million, and the down payment is KRW 50 million, in light of the statement of KRW 6,000,000,000,000,000,000,000 won, when entering into a contract.

shall be paid in April 23, 2017, respectively.

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