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(영문) 대구지방법원서부지원 2016.09.07 2015가단31302
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 41,271,300 and a rate of KRW 15% per annum from March 5, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On August 9, 2011, the Plaintiff, C, and D (hereinafter collectively referred to as “Plaintiffs, etc.”) purchased a 248.1m2 from the Flue-gun, Daegu-gun, and completed the registration of ownership transfer on each of the co-ownership on February 7, 2012, as a business operator (general taxable person) who engages in the business of newly constructing and selling a house with the trade name “E” and completed the registration of ownership transfer on each of the co-ownership on each of the three-story co-ownership shares on that ground. The Plaintiff newly constructed a multi-family house of reinforced concrete structure (the first floor, the second floor, and the third floor, collectively; hereinafter collectively referred to as “instant building”) and completed the registration of ownership preservation on each co-ownership on November 27, 2012.

The remainder of the down payment shall be determined as KRW 20 million, intermediate payment of KRW 50 million, and KRW 623 million, but the remainder shall be paid on May 21, 2013, and the purchaser shall succeed to the security deposit and the loan.

The secured debt of the right to collateral security established on the building and site of the instant building and site KRW 300 million ( Daegu Bank Co., Ltd.) shall be fully succeeded by the purchaser.

If a purchaser takes over a total of KRW 160 million and a total of KRW 300 million and a rental deposit, the amount actually received by the parties in the purchase price shall be KRW 230 million.

Here, the down payment of KRW 20 million and intermediate payment of KRW 50 million are received at the balance date, except for the down payment of KRW 163 million.

Items related to value-added tax special agreement: Value-added tax arising from the commercial portion, etc. of the building in this case is separate.

Provided, That it shall be dealt with by comprehensive acquisition in order not to deliver actual money.

The procedure shall be managed by the seller and shall cooperate with the buyer. If it is not dealt with by the comprehensive acquisition, the value-added tax shall be paid at the seller's expense, and each net person shall refund it and return it.

In this case, the buyer shall perform the buyer without interruption in consultation with the seller.

B. On March 18, 2013, the Plaintiff et al. agreed to transfer the instant building and its site to the Defendant for KRW 693 billion and entered into a sales contract containing the following:

C. The defendant is above.

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