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(영문) 수원지방법원 성남지원 2021.01.14 2017가단14290
구상금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 9, 2011, the Plaintiff, C, D, etc. (hereinafter “Plaintiff, etc.”) was divided into H, I, J, K, L, M, N, andO with respect to the land F, G, and H in Gwangju-si E, Inc.

Among forest land, 8,207 square meters (hereinafter “instant land”) were entered into a contract to sell 4,100,000 square meters. According to the above sales contract, the buyer may construct a new building with a building permit granted under the name of the seller, and the seller shall delegate all the rights to sell the building to a person designated by the buyer (hereinafter “the instant contract”). The main contents are as follows:

Special Provisions Concerning Real Estate Sale and Purchase

2. Calculation of land cost, etc. (1) The sale price of land shall be 4,100,000 won.

(2) All expenses, public charges, and taxes (transfer duties, income tax, resident tax, etc.) related to construction, such as construction costs, shall be borne by the purchaser, regardless of the pretext thereof.

3. Land costs and conditions of payment. ① Contract deposits: 1,050,000 won for down payment and the first intermediate payment,00,000 won for existing loans.

Provided, That interest on loans shall be paid by the seller only until the first authorization and permission, and the buyer shall pay it after the authorization and permission.

(2) NIBD - 1,000,000,000 won shall be paid for second bank loans.

Provided, That if the authorization or permission is delayed, 500,000,000 won shall be paid as a general loan, and the remaining 500,000,000 won shall be paid as a loan at the time of authorization or permission.

- 150,000,000 won for third bank loans shall be payable on December 30, 2011.

- 200,000,000 won when a fourth bank loan is granted on April 30, 2012.

(3) Balance: 1,700,000,000 won shall be paid as bank loans by August 30, 2012.

Provided, That the remaining payment deadline may be changed according to the construction authorization and permission.

8. The seller and the purchaser jointly manage the purchase price of a building until the balance is paid in full by the seller and the purchaser shall manage the purchase price after the balance is paid in full or the balance.

(2) A seller shall be the buyer.

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