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(영문) 서울서부지방법원 2019.07.25 2018가단235494
용역비
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 8,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from August 29, 2018 to July 25, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Party status 1) The Plaintiff is a construction project that newly constructs 46 units of apartment and neighborhood living facilities of 2 stories underground and 7 stories above ground on the 1,668m2, Mapo-gu, Seoul Metropolitan Government c. 1,668m2 (hereinafter “instant construction project”).

(2) The Defendant is the owner of Mapo-gu Seoul Metropolitan Government D Building E (hereinafter “instant building”) adjacent to the instant construction site.

B. Around October 7, 2015, the Plaintiff started the instant construction work. However, from around December 2015, there was a phenomenon such as 10 lots of land adjacent to the construction site, rupture, etc., from around December 2015, the Plaintiff began to file a civil petition with the Mapo-gu Office and the Plaintiff.

C. 1) On February 6, 2016, the Plaintiff concluded the instant sales contract with the Defendant to purchase the instant building for KRW 200 million (hereinafter “instant sales contract”).

and the principal contents of the contract are as follows:

1. 14.72 square meters in size 14.72 square meters in size 14.72 square meters in size, 14.72 square meters in size, 15.47 square meters in size for residential use, where real estate is indicated;

2.In the sale of the above real estate in Article 1 of the terms of the contract, the buyer will pay the purchase price as follows:

The KRW KRW 200,000,000 of the purchase price, KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

b.(Matters of special agreement)The sales contract in the present state of the facility is the buyer, at the time of processing the agreed matters (including civil petitions) the buyer pays a certain amount to the seller.

The above sales amount shall be KRW 200,000,000, and the sales amount shall be KRW 100,000,000 when completion of the construction of the first floor floor-building construction at the new construction site of the F apartment Housing Reconstruction Project Association, and KRW 100,00,000,000, when completion of the construction of the fifth floor-building structural frame, shall be paid in full.

Provided, That it shall be agreed that there is no down payment, and the contract may be revoked.

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