(영문) 서울중앙지방법원 2016.05.25 2015가합559061

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(영문) 서울중앙지방법원 2016.05.25 2015가합559061

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Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 2,529,00,000 from the Plaintiff (Counterclaim Defendant) at the same time.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 12, 2015, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) drafted a real estate transaction agreement with the Defendant (Counterclaim Plaintiff; hereinafter “instant real estate agreement”) stating that the Plaintiff would purchase the instant real estate from the Defendant for KRW 3,890,000,000 with respect to each land and building listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”).

The instant contract is accompanied by the agreement (hereinafter “instant agreement”), and the main contents of the instant contract and the contents of the instant agreement are as follows.

【Contract of this case】

2. Sales proceeds: 890,000,000 won (payment at the time of a contract) in the terms of contract: The intermediate payment of KRW 800,000: The remainder payment of KRW 383,000,000 in March 23, 2015: The special terms and conditions on KRW 2,707,00,000 in the remainder payment: The rental deposit shall be settled at the time of the remainder payment.

The down payment of KRW 800,000,000 in relation to the purchase of buildings and land shall be the deposit key for the termination of auction at the court and shall settle and deliver the balance with the decision.

(Haw) [Case A]: Defendant B: The above-mentioned persons agree to sell and purchase the land and buildings of Jongno-gu Seoul Metropolitan Government C and D as follows:

1. Daily gold: The amount to be traded shall be three hundred million won; and

(Won 3,890,000,000)

2. The repurchase price shall include various expenses, such as purchase price and registration tax, acquisition tax, transfer income tax, etc. at the time.

3. A shall repurchase to B within two years from the date of sale and purchase.

4.Subject to re-purchasing, A shall pay B a daily amount of 00 billion won.

5. After the conclusion of this contract, the amount after deducting the transfer income tax of Party A shall be divided into 50:50.

6. Eul shall purchase to E the amount equivalent to the daily billion of the work.

The above facts are found to be the defendant who is the owner of the building by the F Museum E.

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