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(영문) 서울북부지방법원 2018.10.31 2018가합514
약정금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 58,369,959 and its payment from July 17, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are certified judicial scriveners operating the Certified Judicial Scriveners Office under the trade name “E” in the Gangnam-gu Seoul Metropolitan Government (hereinafter collectively referred to as the “Plaintiffs”) and the Defendant is a corporation that implemented the Seongbuk-gu Seoul Seongbuk Housing Redevelopment Improvement Project (hereinafter referred to as the “instant Project”).

B. The Defendant entered into a redevelopment project with the Plaintiff on various issues related to the redevelopment project, and accordingly, the Plaintiff agreed to manage the registration affairs of preservation of ownership of the building newly constructed by the Defendant according to the redevelopment project.

C. On December 13, 2017, the Plaintiff calculated the remuneration amount of KRW 841,064,00, value-added tax of KRW 84,106,400, public charges of KRW 91,443,400, and the remuneration amount of KRW 400,00 among the remuneration amount of KRW 40,00,00 ( separate value-added tax) and public charges of KRW 91,443,40,00, before registration, and the remainder of the remuneration amount of KRW 91,443,40,00, in the form of registration.

On December 22, 2017, the Defendant paid 91,443,400 won to the Plaintiff’s side according to the instant document.

E. On December 28, 2017, the Plaintiff requested the Defendant to pay KRW 440,000,000, which is a part of the preservation registration expenses (including value-added tax) to the Plaintiff and C’s respective financial accounts, each of which is KRW 220,00,000,000, respectively, as the title “cases of partial claims for preservation registration, such as registration of preservation according to the transfer notification.” Accordingly, the Defendant paid KRW 220,00,000 each of the financial accounts of the Plaintiff and C on January 31, 2018.

F. On February 13, 2018, the Defendant paid KRW 154,00,000 (including value-added tax) to C on February 13, 2018 upon the Plaintiff’s request for additional payment of the cost of preservation registration, and KRW 110,000,000 (including value-added tax) to the Plaintiff.

G. On February 28, 2018, the Plaintiff’s side completed the preservation registration of the instant project to the Defendant.

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