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(영문) 대구지방법원서부지원 2013.09.06 2012가단20769
매매잔대금
Text

1. The Defendant’s KRW 40,000,000 and its related amount are 5% per annum from May 31, 2006 to July 24, 2012 to the Plaintiff.

Reasons

1. Basic facts

A. On June 30, 2005, the Plaintiff entered into a sales contract with the Defendant to sell 500 square meters of the Daegu-gun District Forest Land Co., Ltd (hereinafter “instant land”) owned by the Plaintiff for the following terms (hereinafter “instant sales contract”); and until August 10, 2005, the Plaintiff received 195,000,000 won out of the sales price from the Defendant until August 10, 2005; and upon the Defendant’s request, completed the registration of ownership transfer under the Defendant’s mother D name.

1) The special terms and conditions of the purchase price of KRW 235,00,000 (the contract amount of KRW 25 million, the intermediate payment of KRW 100,000,000, the remainder of KRW 1100,000) (1) are as follows: (a) In developing a forest into a general industrial area, the forest is completed according to a design according to civil engineering design and permission.

(2) The construction period shall be completed from June 1, 2005 to May 30, 2006 so that a factory may be built.

(3) When the completion of construction is delayed, 2 million won per parcel shall be deducted from 40 million won per month from August 1, 2006 to 40 million won per parcel as damages for delay.

(4) The purchaser shall keep the amount of KRW 40 million from the total purchase price to the completion of construction, and immediately pay to the seller as completion.

(5) The registration of ownership transfer shall be completed when any balance, excluding 40 million won stored in cash, is not paid.

B. The part of the land purchased by the Defendant due to the division of the instant land was 1653 square meters for the Daegu-gun Factory Site.

On May 2, 2011, land category is changed to land for a factory.

In order to develop the instant land as factory site, the Plaintiff specified and sold the parcel to six persons, including the Defendant, while obtaining permission for conversion of mountainous district, permission for development, and permission for factory construction from the achievement group. On June 24, 2005, F, which purchased part of the said land, was a co-owned property partition on the said land around September 10, 201, and paid 40 million won, which was reserved at the time of sale to the Plaintiff on July 15, 201.

[Ground of Recognition] Unsatisfy, Gap's 1, 2, 4 through 5.

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