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(영문) 인천지방법원부천지원 2017.05.17 2016가합1181
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 12, 2014, the Plaintiff entered into a sales contract and written agreement between the Plaintiff and C, and the Plaintiff entered into a sales contract and written agreement between the Plaintiff and C (hereinafter “C”) with the representative director.

2) The Plaintiff’s land and the Plaintiff’s land are 23,076 square meters in total on 13 lots, including D, E, F, and 13 lots owned by the Plaintiff (hereinafter “instant land”).

(1) The sales price is KRW 3,100,000; KRW 50,000,000 for down payment is paid on the date of the contract; KRW 1,970,000 for intermediate payment; KRW 1,970,000 for intermediate payment; KRW 1,970,000 for intermediate payment; and KRW 1,080,000 for intermediate payment, which was established on part of the land of this case, is paid by C by taking over collateral security obligations; and the remainder of KRW 1,080,00 for a bank loan is paid (hereinafter “instant sales contract”).

(2) Upon entering into the instant sales contract, the Plaintiff and C entered into an agreement consisting of the following: (a) the Plaintiff bears the interest on the collateral security obligation incurred prior to the conclusion of the contract; (b) C bears the interest on the collateral security obligation incurred after the conclusion of the contract; and (c) all the expenses and taxes incurred from the transfer income tax and land development shall be paid by C; and (d) written an agreement consisting of Paragraph

3) After completing civil engineering, the Plaintiff and C provided security to C, and C received bank loans, and pay the remainder under the instant sales contract to the Plaintiff. The Plaintiff drafted an additional agreement made up of a total of six paragraphs, including the content that the Plaintiff wishes to transfer the tourist farm license to C. The Plaintiff’s water guarantee agreement on April 14, 2015. The Plaintiff’s water guarantee agreement was 1,094 square meters prior to Kimpo-si, Kimpo-si (hereinafter “E land”).

As to G, the establishment registration of a mortgage was completed in the future with the maximum debt amount of KRW 500,000,000, the debtor, the debtor, and the mortgagee G. C. The plaintiff transferred KRW 130,000,000 to the foreign exchange bank account in the name of C on August 24, 2015.

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