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(영문) 대구지방법원 안동지원 2018.09.19 2017가단22346
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 42,072,00 to the Plaintiff (Counterclaim Defendant) for KRW 42,072,00 and for this, from May 2, 2016 to September 19, 2018.

Reasons

Basic Facts

C Co., Ltd. (hereinafter “C”) established for the purpose of real estate development business, such as the housing business plan, etc. of C Co., Ltd. (hereinafter “C”) purchased D forest land 16959 square meters (the alteration to the registration conversion, partition, and merger, around October 2016, to the “Yanju-si E large 918 square meters”) and F 311 square meters (the alteration to the “217 square meters” around October 2016 due to the registration conversion and division) at permanent residence, and decided to construct a site for detached housing and sell it in installments on each of the above lands.

(hereinafter referred to as “instant housing project site.” On April 30, 2015, C obtained a building permit from a permanent resident city to newly construct 14 single houses on the ground of the instant housing project site.

On June 13, 2015, the Defendant, including entering into a land sale contract between the Defendant and C, sold to the Defendant a parcel of 579.52 square meters in the instant housing project site (hereinafter “instant land”). The Defendant entered into a land sale contract with the content that C shall pay C the remainder of KRW 30,750,000 at the time of entering into the occupancy contract, and the Defendant shall pay C a total of KRW 134,750,000 at the time of entering into the occupancy contract, and the intermediate payment of KRW 74,750,000 at the time of the completion of the foundation work, and the remainder of KRW 30,000 at the time of transfer of ownership (hereinafter “instant land sale contract”).

The Defendant paid C KRW 1,00,000,00 on June 13, 2015, and KRW 29,000,000 on June 15, 2015, and KRW 73,00,000 on July 16, 2015, and KRW 1,750,000 on July 16, 2015 (i.e., KRW 1,750,000 (= KRW 29,000,000) (i.e., KRW 73,00,000,000, KRW 1,750,000 on May 1, 2016), and unpaid KRW 30,000,000 on the remainder of the land purchase price (= KRW 1,750,000,00 on the basis of KRW 1,750,00 on the basis of the contract for sale of land).

Around July 27, 2016, the Defendant paid C KRW 18,000,000.

The Defendant, such as the conclusion of a contract on the instant building between the Defendant and the Plaintiff, etc., is between the Plaintiff and the management agent (the management agent) who operates an individual enterprise under the trade name “H” on November 2, 2015.

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