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(영문) 서울중앙지방법원 2017.11.10 2016가합558072
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 147,00,000 to the Defendant (Counterclaim Plaintiff) and its payment from May 2, 2008 to October 12, 2017.

Reasons

1. Basic facts

A. In around 208, the Defendant purchased a large number of lots in Gwanak-gu in Seoul Special Metropolitan City and tried to construct apartment and sales facilities by purchasing them as a company established for the purpose of civil engineering and construction packing business, land development, utilization and supply business, etc.

B. On May 2, 2008, the Plaintiff entered into a sales contract with the Defendant for sale of KRW 1,470,000 for the instant real estate (hereinafter “instant sales contract”) and received KRW 147,00,000 for the down payment on May 15, 2008.

The main contents of the instant sales contract are as follows.

Article 2 (Purpose of this Agreement) The purpose of this Agreement is to purchase a large number of parcels of land (67 parcels of land, approximately 2,440 square meters) to which the instant real estate belongs from the Plaintiff as a complex concept and to construct apartment and sales facilities (6.672 square meters from the underground10 to the ground, approximately 136 households from the apartment). The purpose of this Agreement is to fully recognize this and to achieve the objective of the Agreement is to fulfill the obligations and rights of each other.

Article 4 (Methods of Real Estate Sales and Payment) (1) The instant real estate sales amount shall be paid as follows:

(3) On May 15, 2008, when the contract deposit is paid at the rate of KRW 1,470,000 for the total purchase price of KRW 1,470,000,000 for the sales price of KRW 147,000 for the sales price of KRW 147,00,000 for the sales price of KRW 1,323,000 for the remainder of May 15, 2008, the down payment shall be paid to the seller within six months after the date of completion of the real estate sales contract for the 90% of the business site planned and planned by the Defendant.

(4) The balance of real estate sale proceeds shall be paid out of the P/F funds approved by the financial institution after the building permit has been granted.

Article 5 (Provision of Written Consent to Land Use and Cooperation in Business) (1) The plaintiff uses the land signed and sealed by the defendant to promote the authorization, permission and other related rental business for the construction of apartment houses and sales facilities at the same time as this contract is concluded.

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