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(영문) 창원지방법원마산지원 2016.04.01 2015가합100600
매매대금
Text

1. Defendant C Co., Ltd.: (a) KRW 202,00,000 for the Plaintiff and 5% per annum from April 2, 2015 to April 1, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff, on March 28, 2014, supplied by the Plaintiff on behalf of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”); and on March 28, 2014, the land (D & 343.8 square meters (hereinafter “instant land”).

[) On the ground, the Defendant Company entered into an agreement with the Defendant Company to newly construct multi-family housing (hereinafter “instant loan”) (hereinafter “instant agreement”). The specific details are as follows.

① The Plaintiff is the owner of the building, and the Defendant Company is the contractor of the construction, and the instant lending consisting of the sections of eight households is newly constructed, and the building permit and the construction completion shall be made in the name of the Plaintiff, who is the owner of the instant land.

② On the completion of the loan of this case, registration of ownership preservation has been completed in the name of the Plaintiff, and the Defendant Company shall pay 50 million won to the Plaintiff as the price for the land of this case, but if the Plaintiff is paid the price for the land of this case, it shall transfer the ownership of the loan to the Defendant Company.

③ Various taxes and public charges (such as transfer income tax, comprehensive real estate tax, etc.; hereinafter “instant tax”) imposed on the Plaintiff, the owner of the instant loan, with respect to the construction cost of the instant loan and the construction of the aforementioned loan, shall be borne by the Defendant Company.

B. Upon completion of the loan of this case, registration of ownership preservation was completed in the name of the Plaintiff on February 17, 2015 with respect to the whole loan of this case (8 households), and ① with respect to the seven households, the registration of ownership transfer was completed in the name of the Plaintiff on April 1, 2015 under the name of the Defendant Company [E and F with respect to the five households (No. 101, 201, 202, 302, and 402), respectively, for Defendant B, two households (No. 301 and 401), and the remaining one household (No. 102) continued to remain in the name of the Plaintiff to secure the payment of the tax of this case by the Defendant Company.

C. After that, on April 1, 2014, the Common Livestock Industry Cooperatives established the right to collateral security with respect to eight households of the loan of this case, and the loan of this case eight households.

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