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(영문) 서울중앙지방법원 2016.10.12 2015가합573555
정산금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 29, 1994, the Defendant agreed to sell C Co., Ltd. (hereinafter “C”), D, E, F, and G to KRW 824,250,000 for purchase price, and H, I, J, and K to KRW 743,00,00 for purchase price, and agreed as follows:

(hereinafter referred to as “instant land” in this case, including D, E, F, G, H, I, J, and K. Article 2: C shall preferentially pay the land price to the Defendant as soon as the land in this case was constructed and sold at the expense of C, and to transfer the name after settling accounts of all taxes, public charges, such as business income tax, acquisition tax, defect bond, etc. before the transfer of ownership due to the purchase of the land in this case.

Article 3:C shall pay for all expenses incurred in design, permission, etc. at the C’s expense, and the name of the building shall be the name of the defendant.

Article 9:C shall pay to the defendant the full amount of the purchase price of the land within six months, regardless of sale, after completion of the loan housing.

B. C completed 12 households, Nadong 16 households, Dadong 12 households, and Radong 12 households on the instant land on November 1995, but only 90,000,000 won out of the purchase price of the instant land and did not pay the remainder to the Defendant.

C. As to the operation on November 21, 1995, the registration of preservation of ownership was completed on January 11, 201 with respect to the multi-dong and multi-dong and multi-dong and six household units, and on January 11, 201, in each Defendant’s name.

The defendant sold 16 households (hereinafter referred to as "the building of this case") out of "LBD" as indicated below, and completed the registration of ownership transfer to each seller.

Serial 1 Ra 201, 201, 145,000, 200 Ra 203, 203, February 25, 2015, 2015, 125,000, 401, 4003Ra 401, February 26, 2015; 400,000 Ra 403, 125,000 on February 26, 2015; 125,00,000, 1005Da 102, 102, 140,000 on March 4, 2015; 140,000 Da 6302, 300,000 Da 302, 302, 301, 301, 2004;

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