logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.10.13 2013가합7493
매매대금
Text

1. The Defendant’s KRW 150,000,000 as well as 20% per annum from April 10, 2015 to September 30, 2015, and the next day.

Reasons

1. Basic facts

A. The Plaintiff owns C forest land 17,270 square meters (hereinafter “C land”), and the Defendant owns D forest land 21,700 square meters adjacent thereto (hereinafter “D land”) and E forest land 5,100 square meters (hereinafter “E land”).

Article 1 (1) of the comprehensive acquisition agreement of shares / [The defendant] owns D land and E land (total 8,107 square meters).

The defendant shall transfer 1/2 of the access road site at the time of completion to the plaintiff, and the plaintiff and the defendant shall deliver a written consent for the use of the road to the plaintiff.

The value of 7,837 square meters, excluding the above 270 square meters, is 2.35 billion won per square meter (which shall be the basis for this settlement) if it is calculated as 30,000 won per square meter.

③ The Defendant’s net asset value [the Defendant’s net asset value] is KRW 450 million when deducting liabilities from the company’s assets computed under the above Paragraph (1). The Defendant holds a business right other than that with the permission for factory establishment. Thus, the Defendant’s net asset value is appraised as “not less than 451 million won.”

(4) In the above circumstances, the transferor shall transfer 6300 shares (63%) sufficient to exercise the transferee’s right to manage the company to the transferee, and the transferee shall pay to the transferor KRW 450 million on the condition that the transferor shall discharge the obligation of the bill from liability of KRW 200 million in return.

Article 4 (2) In principle, the transferee shall pay 250 million won to the transferor as a final balance until April 30, 2012. However, he/she shall be deemed as a set-off security until the problem related to the provisional disposal of M's real estate is resolved.

However, if it is necessary to substitute the payment of the price for the civil works for the creation of the plaintiff's site in relation to this contract, the transferor may withdraw the payment deferment by unilateral declaration of intention to the transferee, and the transferee shall not refuse it and pay it in principle, and the transferor shall be liable to settle the result of the provisional disposal of M's real estate.

B. The defendant.

arrow