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(영문) 대구지방법원 2018.09.19 2016가단107117
약정금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. On June 12, 2013, the Plaintiff concluded a sales contract with the Defendant to convert the land for factory into Sungju-gun B, C, and D (hereinafter “instant land”) and sell KRW 920 million to the Defendant (hereinafter “instant sales contract”).

B. The instant land was subject to registration conversion with Sungju-gun E and F factory sites, etc., and the Defendant completed registration transfer on November 13, 2013 regarding the said factory site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. The Plaintiff’s assertion in the instant sales contract stipulated that “in the event of an increase or decrease in the area of forest land at the time of registration conversion among the lots sold, separate settlement was made.” Since Sungju-gun B, C, and forest land were converted into E and F land for factory, the area increased to a total of 282 square meters, the Defendant is obligated to pay the Plaintiff KRW 37,089,204 [=22 square meters + 282 square meters x 131,522 won (unit price per 1 square meter in the instant sales contract).

B. Determination No. 1 and No. 2 added to the purport of the entire pleadings in each entry of the evidence No. 1 and No. 2-1, the Plaintiff and the Defendant concluded a real estate sales contract (hereinafter “instant sales contract”) to sell the instant land to the Defendant on October 30, 2013 after concluding the instant sales contract. ② The instant sales contract determined to pay the remainder of KRW 920 million, excluding the down payment amount of KRW 90 million, and KRW 830 million, excluding the down payment of KRW 90 million, at the time of transfer of ownership after completing the civil works. The instant sales contract reduced the sales price to KRW 90 million and the intermediate payment of KRW 300 million was reduced to KRW 50 million on November 5, 2013, and KRW 510 million on November 30, 2013 are to be paid in the instant sales contract, and ③ in the instant sales contract, separately settled the area of the instant land at the time of increase or decrease in the area of the instant registration conversion.

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