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(영문) 수원지방법원 2017.08.11 2015가합3481
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 205,00,000 and the interest rate of KRW 15% per annum from May 23, 2015 to the date of full payment.

Reasons

1. Basic facts

A. A. On September 2014, the Plaintiff acquired the instant land, and newly constructed a building (hereinafter “instant building”) on that ground (hereinafter “instant land”). On December 11, 2014, the Plaintiff decided to sell to the Defendant for KRW 1,280,000 the price of the said land and the building to be newly constructed on the said land, and entered into a sales contract for the said land with KRW 560,000,000,000 for the said land. As to the new construction of the said building, the Plaintiff entered into a separate contract with the Defendant to receive KRW 72,00,000,000 from the Defendant for the said land, and entered into a contract with the following content:

The purchase price of KRW 1.28 billion shall be paid at the time of the contract and the intermediate payment of KRW 300 million shall be paid on December 18, 2014, and any balance of KRW 880 million shall be paid on December 30, 2014.

Matters of special agreement

1. The state in which the right to collateral security of 450 million won is established on the land as a newly constructed building;

2. The remainder of 330 million won shall be paid on March 30, 2015, and the land ownership shall be transferred at the time of the remainder and the successful bidder shall succeed to 450 million won of the loan.

3. The purchaser shall pay a KRW 100 million in cash on the balance date and shall change the name of the building permit to the purchaser, while transferring the ownership of the land (the purchase price of KRW 560 million).

4. The construction contract amount shall be KRW 720,000,000,000,000 of the total sale price, after preparing a written contract for the construction project, for the land price being limited.

(30 million won shall be substituted by the key money for lease on a deposit basis). 5. Construction contract documents, specifications, etc. shall be prepared and delivered at the time of the intermediate payment.

6. A confirmation description shall be offered at the time of preparing a land contract.

7. This contract shall become null and void if it concludes a land contract or construction contract.

B. The Plaintiff received a total of KRW 400 million from the Defendant following the conclusion of the above contract, and around December 18, 2014, the date of sale on the instant land between the Defendant and the Defendant as of October 30, 2014.

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