beta
Text
1. As to KRW 160,00,000 among the Plaintiff and its KRW 20,000,000, the Defendant shall pay to the Plaintiff KRW 160,000 from June 8, 2018, and KRW 140,00,000.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person running a sales agency and real estate execution and development business while operating C.
The Defendant is a person who owned D 162.7 square meters in Seocheon-gu, Seocheon-gu (hereinafter “instant land”).
B. On June 28, 2016, the Plaintiff entered into a land purchase consulting service contract with E Co., Ltd. (hereinafter “E”) with respect to a new housing project on a lot of land in the F Special Planning Zone including the instant land, but the project was difficult to be implemented due to E’s circumstances. On September 1, 2016, the Plaintiff entered into the said land purchase consulting service contract with G Co., Ltd. (hereinafter “G”).
With respect to G’s “F Special Planning Zone Primary Complex Development Project”, the Plaintiff will purchase all private land and buildings within the project zone within the limit of the total purchase cost of KRW 100 billion within 60 days from the contract date, and G will pay the amount calculated by subtracting the purchase cost of land and buildings from the above KRW 100 billion.
C. On October 13, 2016, the Defendant: (a) on behalf of the Defendant, drafted a sales contract with the Plaintiff on the instant land (hereinafter “instant contract”); and (b) the main contents thereof are as follows.
Article 1 (Purpose) of the Terms and Conditions of the Contract is a sales contract aiming at the construction of multi-family housing. For the sale of the real estate in Article 2 (Sale Price), the seller and the buyer are to pay the purchase price as follows by agreement:
The purchase price of KRW 1,600,000 is paid and received in a lump sum when 80% of the total area of the site subject to business is affixed and sealed.
any balance of KRW 1,440,000,000 shall be paid within 15 days after the F performance
b.(Non-performance of Obligations and Compensation for Damages) If the seller or buyer has defaulted on the terms and conditions of this Agreement, the other party may give written notice to the person who has defaulted and rescind the contract.