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(영문) 대구지방법원서부지원 2019.01.17 2018가합50578
토지인도
Text

1. The Plaintiff (Counterclaim Defendant) is simultaneously paid KRW 1,732,585,00 from the Defendant (Counterclaim Plaintiff).

Reasons

(2) A sales contract (hereinafter “instant sales contract”) was concluded between the Defendant and the Defendant to sell 40,132 square meters of F forest land in Daegu-gun, Daegu-gun, Inc. and 2802 square meters of forest land owned by the Plaintiff, and 1490 square meters of the steel framed Factory Building, which is newly constructed by Plaintiff B on the ground of the said forest land, to the Defendant, with the purchase price of KRW 2.18,00 million (the contract amount of KRW 50 million shall be paid on June 3, 2013; the first intermediate payment of KRW 150,00 million shall be paid on June 10, 2013; the remainder of KRW 198,00,000 shall be paid on July 30, 2013; however, according to the purport of subparagraph 1 B, G sales contract was written as his/her agent without entry in the sales contract (hereinafter “instant sales contract”).

The Defendant received KRW 200 million in total the down payment and the first intermediate payment.

The main contents of the above sales contract are as follows:

Article 3 (Change of Name) A seller of a real estate sales contract shall perform his/her duty to transfer the name of the real estate and the registration on the remainder payment date, unless otherwise stipulated.

* Contract Agreements

1. It shall be constructed and completed in accordance with a separate drawing among the construction of a factory as of the contract date;

3. Terms and conditions of cancellation, if any, of collateral security and superficies exist at the end of any balance.

4. When the factory site is determined by division, the vehicle or area shall be adjusted to 545,00 won per square meter in the area only when the contract is concluded.

B. On the other hand, when the factory building, which is the subject matter of the instant sales contract, was completed as in the real estate listed in attached Table 2 (hereinafter “instant factory building”), the Defendant paid 200 million won to the Plaintiffs as the second intermediate payment on July 31, 2013, and around August 2013, the Defendant established a corporation I with husband H for the purpose of manufacturing and wholesale plastic household goods, along with husband H, to move into the instant factory building, and used the said factory building.

On October 4, 2013, the Defendant and her husband sold and disposed of two factories located in Daegu-gu (K) and L, which had been operated under the trade name of “J”.

C. The instant case.

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