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(영문) 의정부지방법원 고양지원 2018.06.08 2017가합73009
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 500,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 1, 2017 to June 8, 2018.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. (1) On December 9, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 6,612 square meters of land in Gyeyang-gu C and two parcels of land in Gyeyang-gu, Gyeyang-gu (hereinafter “instant sales contract”). The purchase price of KRW 1.6 billion out of KRW 1.6 billion was paid by depositing the down payment of KRW 500 million into the account of the Nonghyup Asset Management Company on the date of the contract, and the remainder of KRW 1.1 billion was paid within 30 days from the date on which the Plaintiff acquired the building authorization or permission.

(A) No. 2. (2) The sales contract of this case contains the following special terms and conditions:

(A) In compliance with the individual provisions of the special agreement, this agreement is conditional on the construction authorization and permission (as of June 9, 2017) under the name of the Plaintiff, and if the Plaintiff obtains the construction authorization and permission, the Plaintiff shall pay any balance within 30 days.

3. By June 9, 2017, the Defendant opened a road necessary for building permission (six meters wide) and provides the Plaintiff with all documents necessary for building authorization and permission.

(The funds or land necessary for road construction shall be borne by the Defendant and shall provide the Plaintiff with 30% share of the road, and the Plaintiff shall acquire KRW 1 million per square day). 6. This contract is conditional contract for the cancellation of auction on December 13, 2016 and the access road is not secured until June 9, 2017, the Defendant shall compensate the Plaintiff for the amount of the down payment ( KRW 500 million) ( KRW 1 billion) by June 30, 2017.

(3) At the time of the conclusion of the instant sales contract, Goyang-gu C land and D land were not adjoining to roads.

(A) Evidence 2. (b)

On December 9, 2016, the Plaintiff paid KRW 500 million to the account of the Nonghyup Asset Management Company (Evidence 3-1, 2, 3). However, on December 16, 2016, the Plaintiff received the said KRW 500 million from the Nonghyup Asset Management Company (Evidence 3-4), and on December 26, 2016, again received KRW 500 million to the Defendant on December 26, 2016.

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