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(영문) 대구지방법원 2018.05.11 2016가합201931
약정금
Text

1. The counterclaim claim is dismissed.

2. The costs of lawsuit incurred by a counterclaim shall be borne by the counterclaim.

Reasons

1. Basic facts

A. On October 30, 2014, the Counterclaim concluded a sales contract with the Counterclaim Defendant to purchase real estate as follows (hereinafter “instant contract”).

An implementation agreement under Article 3 of the balance of 2,965,20,000 won in the 150,000,000 on October 30, 2014, with the content of the first agreement under Article 2 of the Building to be constructed on the above ground among the land A, B, C, and D, Daegu Northern-gu, Daegu-gu, Daegu-gu, which is an indication of the real estate agreed under Article 1, and the share size of the building to be built on the above ground.

1. The transfer of the title of the above real estate shall be immediately after the acquisition of the permission for real estate transactions;

The owner of a real estate shall prepare for the transfer of the name immediately after acquiring the "permission" and present it simultaneously with the receipt of the third (the remaining amount) amount.

2. If the terms and conditions of the agreement are violated, the amount equal to the agreed amount shall be repaid on the part of the breach, and if the agreement is revoked, the amount equal to the agreed amount shall be refunded on the part of the party who wants

B. Around that time, the Counterclaim Plaintiff paid a total of KRW 300,000,000 to the Counterclaim Defendant according to the above contract.

C. On January 21, 2015, the counterclaim Defendant obtained a building permit of 297.25 square meters for general steel structure and other types of neighborhood living facilities (manufacturing facilities), 297.25 square meters for 2nd floor and 152.25 square meters for 2nd floor (hereinafter “instant 1 building”) on the ground of each land for factory in Daegu North-gu B and E (divided in A, February 13, 2015), and obtained approval for use on July 27, 2015, and completed the construction of the said building on each ground, and obtained the building permit of 2nd class neighborhood living facilities (manufacturing facilities), 297.25 square meters for 25 square meters for 1st floor and 25225 square meters for 25th floor (hereinafter “the building of this case”). The building of this case was completed by adding the building permit of this case to the building of this case, and the building of this case was completed by 15th, 2015.

Each of the instant buildings was completed in the name of G, the owner of the site as of September 23, 2015, respectively.

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