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(영문) 광주지방법원 2020.11.13 2020가합55393
매매대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 157,320,570 among the Plaintiff’s counterclaim and KRW 87,320,570 among the Plaintiff’s counterclaim, the Defendant (Counterclaim Defendant) shall have the effect on November 9, 2019.

Reasons

. The sales contract, including a special agreement, will be concluded on November 1, 2018;

AB concluded the agreement.

Matters of special agreement

3.The costs incurred by the master plan for the lease of any real property under this contract shall be borne by the buyer and the other costs shall be borne by the seller.

B. On February 15, 2019, on February 15, 2019, the Plaintiff concluded a sales contract for the instant real estate on February 15, 2019, which includes the following special agreement (hereinafter referred to as “the sales contract as of February 15, 2019”), and the remainder KRW 4.2 billion on February 27, 2019, and the remainder KRW 4.2 billion on March 15, 2019, the Plaintiff concluded a new sales contract for the instant real estate (hereinafter referred to as “the sales contract as of February 15, 2019”).

Attachment of the Special Agreement* KRW 4,300,000,000 out of the purchase price

1. Land purchase and sale amount of KRW 2,546,650,000;

2. 1,111,500,000 won [the value-added tax (hereinafter referred to as “value-added tax”)] for the sale of buildings.

[Separate]

3. Cost of fixtures KRW 641,850,00 (excluding value-added tax): The price of land and building is calculated in proportion to the appraisal value;* the sale and purchase contract with the defendant on November 1, 2018 is automatically terminated due to the payment of any balance on February 14, 2019;* Where a down payment of KRW 100,000 on February 15, 2019 was paid to the seller on February 27, 2019, it is recognized that the down payment paid on November 30, 2018 was KRW 30,000,000,000,000,000,000,000,000 won.

* If the down payment of KRW 100 million is not paid on February 27, 2019, the above sales contract shall be null and void and terminated at the source.

Special Terms and Conditions of Contracts for Sale and Purchase

1. The seller and the buyer shall issue a tax invoice for the portion of a sale and purchase building to the seller, and the buyer shall pay the value added tax to the sale and purchase building to the seller, because the conditions of the general transfer and acquisition are not fulfilled;

Provided, That it shall be issued in proportion to appraisal prices.

Provided, That value added taxes shall not be included in the total amount of sales.

Value of the building 1,11,500,000

3. The selling price for corporeal movables by the seller in the real estate of the sales contract shall be 641.

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