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1. The Defendant’s payment order against the Plaintiff was issued on April 8, 2016 by the Busan District Court Branch of the Incheon District Court, Kimpo-si, Kimpo-si, April 8, 2016.
Reasons
1. Basic facts
A. The Plaintiff, as the owner, newly constructed a hospital building on the instant land (hereinafter “the instant building”), and established a medical corporation in the middle of the construction, and then replaced the owner in the future of the above medical corporation. The Plaintiff registered as an executive of the said medical corporation until the purchase price is paid, but withdraws from the said medical corporation without any condition, upon receiving the purchase price payment from B.
② After construction of the instant building and completion of the final inspection, B succeeds to the amount determined after mutual agreement or pays the Plaintiff the amount in cash.
③ B shall be paid the purchase price to the Plaintiff within three months after the building permit of the instant building was granted and within one month after the completion thereof, and such payment does not exceed June 30, 2013.
(4) B shall bear expenses related to permission, taxes and public charges, exclusive charges, capital gains tax, etc.
On December 13, 2012, the Plaintiff entered into a sales contract with B and Kimpo-si, Kimpo-si, Kimpo-si, the Plaintiff, to sell the sales price of KRW 623,200,000, and KRW 939,000 (hereinafter “instant land”).
In concluding the instant sales contract, the Plaintiff and B entered into a special agreement with the following terms:
B. On November 4, 2013, B prepared a standard contract for construction works in the name of the Plaintiff and Defendant (Evidence 2-1) with the content that the Plaintiff grants a contract for the construction of the instant building (hereinafter “instant construction”) to the Defendant on December 24, 2014, setting the contract amount of KRW 1.929 billion (including value-added tax) and the construction period from December 29, 2014 to June 30, 2015. At the time of the Plaintiff’s request, the Plaintiff and the Defendant drafted a standard contract for construction works in the name of the Plaintiff and Defendant (Evidence 2-1).