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(영문) 서울고등법원 2016.04.08 2015나2013759
정산금 등
Text

1. The judgment of the first instance, including the participation of the Plaintiff’s succeeding intervenor in the trial, shall be amended as follows:

Reasons

1. Basic facts

A. On the ground of approximately 6,013, the Plaintiff’s land located in the Gu-si C and 39 lots (hereinafter referred to as “Gu-si Ddong”). On January 15, 2007, the Plaintiff is going to carry out the business of constructing and selling apartment units on the ground of approximately 6,013 square meters (hereinafter “instant project site”). On January 15, 2007, the Defendant (the trade name was “E Co., Ltd. at the time,” and the Defendant was changed to the Defendant; hereinafter collectively referred to as “Defendant”).

1. The defendant received down payment of KRW 3 billion on February 25, 2007, and at the same time transferred ownership of KRW 2,140 in the business site to the plaintiff.

2. In the instant project site, the Defendant completed a contract with approximately 2,397 square meters in the name of the Plaintiff prior to the date of payment of down payment on February 25, 2007, with the exception of approximately 319 square meters ( KRW 717 square meters and KRW 337 square meters, which are owned by the Defendant) in the area and state, public land, and the following 319 square meters, in the instant project site.

3. The amount of transfer or acquisition shall be six million won per deliberation.

section 3 (including special agreements).

1. Articles 1 and 2 above are agreed upon by the Plaintiff and the Defendant under the terms of contract and pay KRW 100,000 to the Defendant with the agreed amount, and if the Defendant unilaterally destroys the said agreement without justifiable grounds, he/she shall compensate five times the agreed amount as penalty.

2.The State, public land (land owned by Gu Council, Si Council, Gyeong-si, and Ministry of Construction) within the above multi-family housing project area shall be paid by the plaintiff when the project approval is granted to the relevant department, the size and amount of the notice of the sale

3. The Plaintiff shall pay to the Defendant the difference arising within the limits of not more than 6 million won per square.

4. If the difference is at least 6 million won per square year, the defendant shall be responsible for the difference arising and shall be paid within a period not hindering the plaintiff's above multi-family housing business operator or permission.

7. The plaintiff's all rights and contractors are the plaintiff.

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