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(영문) 수원지방법원평택지원 2020.11.04 2019가합14938
계약금반환 등 청구의 소
Text

1. The defendant shall pay to the plaintiff 603,510,927 won and the interest rate of 12% per annum from January 24, 2020 to the day of complete payment.

Reasons

Basic Facts

A. The Defendant is a company that operates a housing construction business, housing and general building sales business, etc., and enters into a construction contract with the CE which is the project implementer of the Da District Urban Development Project, which is the project implementer of the Da District Urban Development Project in Ansan-si, and performed construction works of the f apartment within the project site in question.

B. On August 2016, G of the Defendant’s representative director: (a) upon the completion of the sale of Ansan F apartment units, the construction of the safe I apartment unit in accordance with the H district’s urban development project; and (b) the part indicated as a residential facility in the attached H district’s urban development project plan as a Class II residential site in which the said F and I apartment units are located; (c) if the Plaintiff immediately purchases the said site, the Plaintiff would sell the said site at a lower price than the sale price at the time when the development is completed.

C. Accordingly, on August 17, 2016, the Plaintiff purchased approximately KRW 200,000 land (the location: Jilwon in Ansan-si; hereinafter “instant land”) equivalent to two times among the parts indicated as quasi-resident facilities according to the Housing Distribution Plan for the Urban Development Project in the attached H District, and simultaneously paid KRW 400,000,000 among them, at the same time as the contract for the transfer of ownership, and the remainder of KRW 200,000,000 shall be paid at the same time as the transfer of ownership, and the special agreement provides that “1. After the contract, the time of completion shall be two years, and one year shall be extended.” On February 2, 201, the Plaintiff promised to pay the principal and interest of the instant land plus KRW 150,000,000,000.”

Accordingly, the Plaintiff paid KRW 400,000 to the Defendant on the same day.

The Plaintiff and the Defendant agreed to extend the period of completion of the approval of the instant project pursuant to paragraph (1) of the Special Agreement around August 2018, when two years have elapsed since the date of the instant undertaking. However, even until August 2019, the instant land is also subject to the agreement.

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