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(영문) 전주지방법원 군산지원 2018.03.20 2017가단4572
약정금 등
Text

1. The Defendant’s KRW 26,38,340 for the Plaintiff and KRW 5% per annum from August 19, 2017 to March 20, 2018.

Reasons

Basic Facts

Around January 25, 2013, the Plaintiff entered into an exchange contract with the Defendant on the exchange basis between the Plaintiff and the Defendant, and the Plaintiff entered into a contract with the Plaintiff to exchange the same No. 113 (hereinafter referred to as “13 Pyeongtaek-si land”) such as Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, Non-Party D Building No. 112 (hereinafter referred to as “12”) and the same 113 (hereinafter referred to as “No. 1123”) on the land owned by the Plaintiff, on the condition that the Defendant would pay the Plaintiff KRW 150,00,000 with the exchange supplement

(2) The contract of this case (hereinafter “the contract of this case”). The contract of this case is to select one of the following: “The Plaintiff shall pay KRW 340,00,000 to the Plaintiff as collateral and the obligation to return the lease deposit amount of KRW 50,000 as to each of the above 112 and 113 as well as the obligation to return the lease deposit of KRW 112 and 113 as to each of the above 340,000,000, and the Plaintiff shall assess the Defendant’s land as KRW 90,000,000, and the Plaintiff shall either receive KRW 90,000 or KRW 90,00 from the Defendant until October 20, 2013, the Plaintiff shall pay the above money to the Defendant by October 31, 2013, including each of the above 430,000,000 or more capital gains tax as to each of the above subparagraphs, and shall delegate its authority to the Defendant.”

After completing the registration of transfer of ownership with respect to No. 112 to the Defendant, the Plaintiff transferred No. 113 to F with F.

Before October 2013, upon entering into the port agreement, the Defendant demanded that the Defendant pay KRW 90,000,000 in lieu of Pyeongtaek land, and received dividends of KRW 90,000,000 in the auction procedure on the real estate owned by the Defendant on February 14, 2017.

(hereinafter “instant contract amount”). The Defendant, around January 28, 2013, including the exchange contract with respect to 113 and the process of litigation between the Plaintiff and F, shall exchange the Plaintiff’s agent with F, 113, 113, and Hacheon-gun G, and H land owned by F, and the reported amount under 113.

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