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1. The Defendant (Counterclaim Plaintiff) shall pay 120,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from March 26, 2014.
Reasons
1. Basic facts
A. On September 21, 2007, the Plaintiff, a company for the purpose of manufacturing and selling pipes, etc., purchased a factory site in the industrial complex B, which is an industrial complex under the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”), and subsequently built a building for the purpose of office and laboratory. On September 21, 2007, the Plaintiff purchased the land listed in the attached Table No. 1 (hereinafter “instant land”) in the said industrial complex from the Co., Ltd. and completed the registration of the transfer of ownership under its name as the receipt of No. 63243 on July 1, 2008.
B. Meanwhile, on October 17, 2007, pursuant to Article 38(1) of the Industrial Cluster Development Act, the Plaintiff entered into a contract for occupancy with B, a management agency, to build a new building on the ground of the instant land and to operate a business. According to the above contract for occupancy, the Plaintiff cannot sell, lease, etc. the instant land without justifiable grounds within five years from the date of conclusion of the contract, and if intending to dispose of it, it shall be subject to Article 39 of the Industrial Cluster Act.
C. On September 27, 2010, the Plaintiff newly constructed a factory of the first floor (the total floor area of 659.2m2m2) desired by the Defendant instead of a two-story research institute (total floor area of 493.56m2m2) that the Plaintiff originally planned to construct on the instant land, and concluded a sales contract with the Defendant to sell the instant land and factory to the Defendant (hereinafter “instant sales contract”).
Article 1 (Indication of Land and Building Subject to Contract) of the Sales Contract for Land and Building: Daejeon Seo-gu D, the area of land: 2,657.8 square meters (804 square meters) and the area of a building: Article 2 (Sale Price): 1,035,000 square meters (200 square meters): 440,830,000 won for building: Total sum of KRW 1,475,830,000 (Additional Tax), Article 3 (1) (Payment of Value-Added Tax) shall be KRW 1,00,000 per day, and the down payment shall be paid in September 29, 2010.
The part of paragraph (2) shall be cash.