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(영문) 서울동부지방법원 2017.05.17 2015가단120162
약정금
Text

1. The Defendant’s KRW 45,925,00 for the Plaintiff and KRW 5% per annum from August 12, 2015 to May 17, 2017.

Reasons

Facts of recognition

On September 2007, the Plaintiff acquired the right to be supplied eight square meters of the daily life countermeasure site (hereinafter “instant right”) from the project implementer in the following manner: (a) the Korea Land Corporation and the Korea National Housing Corporation (hereinafter collectively referred to as the “project implementer”) were selected as a person subject to livelihood countermeasure in relation to the C Housing Site Development Project that was implemented on or around September 2007.

Article 1:Contract Transfer Contracts for the Transfer of Rights to Eight years which will be compensated for as a site for livelihood countermeasures within the Housing Site Development Zone in Sungnam-si, and the following contracts shall be entered into with the Plaintiff and the Defendant:

Article 2 of the purchase price of KRW 86 million: This Agreement is a contract for the transfer of rights to eight square meters for daily countermeasures to be supplied by the Plaintiff to the Korea Land Corporation. Article 4: The Plaintiff takes the receipt, lottery, conclusion of supply contracts, provision of necessary documents, accompanying accompanying, signing and sealing so that the Plaintiff can smoothly receive the right, and the Plaintiff transfers its ownership immediately without demanding a separate money from the Defendant or a third party designated by the Defendant.

At this time, the transfer tax on the land supplied by the executor shall be borne by the defendant.

Article 6: The plaintiff shall provide documents necessary for the re-issuance of the above rights according to the defendant's circumstances.

Article 7: The plaintiff waives his/her right on the balance date and does not bring about a civil or criminal issue thereafter.

Special agreement: The transfer tax on the land for livelihood measures supplied by the implementing company shall be borne by the defendant, and the plaintiff agrees without any justifiable reason to the amount reported by the defendant.

On March 30, 2007, the Plaintiff entered into a sales contract (Evidence A (hereinafter “instant contract”) with the Defendant to sell the instant right to KRW 86 million to the Defendant. Around that time, the Plaintiff received the above sales amount from the Defendant. The main contents of the instant contract are as follows.

A project operator shall be the same as the attached Form.

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