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(영문) 의정부지방법원고양지원 2015.10.02 2014가합55956
계약금 등 반환
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 500,000,000 against the Defendant (Counterclaim Plaintiff) and its related thereto, the Plaintiff (Counterclaim Defendant) from January 12, 201 to December 11, 2014.

Reasons

1. Basic facts

A. On November 17, 2009, between the original and the Defendant, the Defendant sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Plaintiff at KRW 730,000,000,000, and the down payment of KRW 100,000 on the date of the contract, the intermediate payment of KRW 130,000,000 on December 17, 2009; and the remainder of KRW 500,000,000 on December 17, 2009; and the real estate agreement (the title is to delete the “sale” of the “real estate sales contract; hereinafter “instant agreement”). The main contents of the instant agreement are as follows.

1. All the progress documents required for the land use report on development activities, simultaneously with the contract;

2. The transfer income tax shall be borne by the seller in total of the purchase price, and the buyer shall be liable for additional taxes incurred in the last sale.

3.In all of the above buildings and above-mentioned premises shall be subject to the contract and any immediate destruction report.

The current tenant is directed at the same time as the intermediate payment is made.

4. The buyer may perform the activities of damaging the ground objects and developing them after paying any balance.

B. The Plaintiff paid the Defendant the down payment of KRW 100,000,000 on the day of the preparation of the instant agreement, and KRW 130,000,000 on December 17, 2009, respectively, and the Plaintiff paid the intermediate payment of KRW 130,00,000 on December 17, 200. In order to pay the intermediate payment, on December 17, 2009, the Plaintiff was granted a loan of KRW 130,000,000 at the interest rate of KRW 7.9% per annum (for deferred interest, at the rate of 5.46% per annum), and paid it as the intermediate payment to the Defendant.

C. On November 17, 2009, the date of the preparation of the instant agreement, the Defendant paid KRW 30,000,000 to Nonparty C as a brokerage commission to an individual among the above agreements.

On November 27, 2009, the defendant applied for approval of factory construction so that a factory can be established in the real estate of this case at two weeks, and on January 8, 2010.

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