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(영문) 의정부지방법원 2019.01.29 2017가단104460
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 59,272,00 to the Plaintiff (Counterclaim Defendant) and its payment from March 4, 2017 to January 29, 2019.

Reasons

1. Common facts concerning the principal lawsuit and counterclaim;

A. (1) The Plaintiff is a corporation established for the purpose of the automobile maintenance business.

Dor defendant is a corporation established for the purpose of construction business.

B. (1) On March 31, 2014, the Defendant filed an application for approval of the establishment of a factory with three lots of land (3,563 square meters), such as Macheon-si, D, and E, and obtained approval for the establishment of a factory on June 23, 2014.

Shelled on June 27, 2014, the Defendant reported in advance specific construction works of earth and sand construction, building construction works, and reported scattering dust generation projects, etc.

On June 30, 2014, the Defendant applied for a construction permit on the construction of three steel-frame factories of the first floor on the third,563 square meters of the above three parcels, and obtained a construction permit on July 8, 2014, and filed a commencement report on October 17, 2014.

Applicant The Defendant changed the construction site into 3,907 square meters (F, G, H land) in the building site in 3,563 square meters and 3 buildings of the said building site, four buildings [3 Dong-dong, J 328.8 square meters (I Dong, J 328.8 square meters, J 276 square meters), and one Dong-dong (1st floor, 383.47 square meters, 2nd floor, 49 square meters), and obtained permission for change on January 29, 2015.

C. (1) On September 23, 2014, the Plaintiff and the Defendant completed the construction of the permitted factory building as above, and subsequently agreed to enter into a sales contract on the site and the factory building, and paid the Defendant a total of KRW 100 million on September 23, 2014 and September 25, 2014.

B. On February 3, 2015, the Plaintiff and the Defendant prepared a real estate sales contract for KRW 1,418,400,000 for the purchase price and KRW 3,907 square meters for the said three parcels and four Dongs (1,379 square meters) on the ground, and the confirmation and explanatory note of the object of brokerage prepared by L Licensed Real Estate Agents are attached.

The special terms and conditions of a real estate sales contract are a sales contract in the present construction process, and the terms and conditions of a building permit are specified as "a contract."

Consolidatedly, the Defendant obtained approval for the use of the above four units on April 8, 2015, completed the registration of ownership preservation on April 30, 2015, and completed the registration of ownership transfer to the Plaintiff on the date of registration.

The plaintiff totaled 1,543.

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