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(영문) 인천지방법원부천지원 2016.07.20 2015가단28700
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 5, 2013, the Plaintiff received a construction completion certificate (a building area of 396§³, 32.95% of building area, 32.95% of building volume ratio, 32.95% of building volume ratio, 198 square meters in Dong, respectively) to construct Class 2 neighborhood living facilities on the ground of 1,202 square meters of land in Kimpo-si, Kimpo-si (hereinafter “instant land before the instant partition”).

B. On March 27, 2014, the Plaintiff and the Defendant concluded a sales contract with the following terms.

A seller: The seller: The seller shall receive the balance of the purchase price of KRW 300,000,000 (a contract deposit of KRW 30,000,000, the balance of KRW 270,000): June 27, 2014; at the same time, the seller shall deliver all documents necessary for the registration of transfer of ownership; and shall cooperate in the registration procedure; and shall deliver the said real estate on June 27, 2014.

Taxes and public charges: The profits accruing from the above real estate and charges for taxes and public charges shall accrue to the seller until the preceding day on the basis of the delivery date of the real estate and to the buyer thereafter.

Provided, That the local tax liability and payment liability shall be governed by the provisions of the Local Tax Act.

The terms and conditions of change in the name of the building owner who is permitted to do so are responsible for and constructed by the buyer and the contractor.

C. On August 6, 2014, the Plaintiff filed a report on the change of construction participants with the C-Eup head, and the said report was accepted on the 25th of the same month, and the land before subdivision was divided into D forest land 1,202 square meters and E forest land 121 square meters (hereinafter “each of the instant land”).

On October 30, 2014, the Plaintiff and the Defendant drafted a written agreement (hereinafter “instant agreement”) with the following contents in the presence of F.F.

will modify the existing contract.

The transfer of ownership to the above land shall be made in January 2015.

The seller shall actively cooperate so that the buyer can use the land.

The purchase price shall be adjusted from KRW 300,000 to KRW 293,00,000.

The current land category shall be the forest land.

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