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(영문) 대구지방법원 2017.11.23 2016나13916
매매잔대금
Text

1. Any addition to the Plaintiff (Counterclaim Defendant)’s principal claim and incidental appeal extended by this Court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On June 12, 2014, the Defendant concluded a contract with the Plaintiff to purchase the land and buildings of “E station” (hereinafter “instant gas station”) operated by the Plaintiff for KRW 350 million between the Plaintiff and the Plaintiff (hereinafter “instant sales contract”).

A) A sales contract (No. 4; hereinafter referred to as “instant sales contract”) with the following terms and conditions as follows:

written. The subject matter of the sale (hereinafter referred to as “instant real property”).

- Land: 1st floor of Gyeong-gun-gun, Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun, a building with a scale of 404 square meters D - 404 square meters: one story petroleum retail shops in facilities for storing and treating hazardous substances; one story of office 163.5 square meters; 350,000,000 - Contract deposit: 30 million won (10,000,000 won) on June 12, 2014; 270,000 won (payment before July 10, 2014); 270,000 won (the remainder payment shall be substituted by the Plaintiff’s credit union up to 5,000,000 won (the remainder payment shall be made to the Plaintiff’s credit union up to 5,000,000 won); and

Matters of special agreement

2. At the time of the contract, it will provide the Plaintiff with a business for a year and six months.

Provided, That the plaintiff shall be responsible for fines and other matters caused by the plaintiff during the business.

Provided, That two motor vehicles of the tank lorri vehicle listed in the attached Table (hereinafter referred to as the "motor vehicle of this case") and the business transaction office shall be transferred to the defendant after one year and six months.

2) In addition, the Plaintiff and the Defendant indicated the sales price of the instant real estate as KRW 450 million for the purpose of reporting to the tax office on the same day (a certificate No. 1; hereinafter “the instant contract for reporting”).

3) The Defendant paid the Plaintiff a down payment of KRW 30 million until July 10, 2014 according to the instant sales contract, and on July 15, 2014, the Plaintiff’s Sampo Credit Union.

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