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(영문) 대전지방법원 천안지원 2018.01.19 2016가합102682
약정금
Text

1. The Defendant’s KRW 520,00,000 as well as the Plaintiff’s annual interest from January 16, 2016 to January 19, 2018, and the following.

Reasons

1. Basic facts

A. On December 27, 2013, the Defendant: (a) 2,870 square meters in the Dong-gu, Seoul Special Metropolitan City on a 3,659 square meters (hereinafter “Seoul Special Metropolitan City”); (b) 2,870 square meters in C, D 1,50 square meters in the 1,50 square meters, E 1,556 square meters in the 1,556 square meters, G 56 square meters in the 796 square meters; (c) 1,191 square meters in the H 1,191 square meters in the 182 square meters in the 182 square meters in the Y; and (d) 36 square meters in the M 354 square meters in the Y, N 1,259 square meters in the direction of P 28 square meters in the name of P 28 square meters in the name of the Republic of Korea; and (e) 27, 2013 square meters in the name of P 28 square meters in the 28 square.

(2) In the case of the instant land, the ownership transfer registration was completed on February 18, 2014 or on March 14, 2014 on the following grounds: (a) the ownership transfer registration was completed on February 18, 2014 on the part of Defendant, on February 18, 2014, for the remaining land, excluding C paddy-gu 8,659 square meters among the instant land; and (b) the ownership registration was completed on February 18, 2014.

B. On January 15, 2014, the Defendant, O, and Q concluded a sales contract with R Co., Ltd. (hereinafter “R”) with respect to the instant land as KRW 6.4 billion; among them, KRW 640 million was paid on the date of the contract; and the remainder KRW 5.76 billion was paid on the date of the contract; and the remainder KRW 5.7 billion was paid until May 13, 2014.

[hereinafter] The above sales contract is “the instant sales contract,” and the sales contract (Evidence A No. 1) prepared at the time of the above sales contract is “the instant sales contract.”

On February 14, 2014, the Defendant drafted an agreement stating that “The Defendant shall pay all of the balance after the settlement of capital gains tax to S (including the trade name of the real estate brokerage office operated by the Plaintiff) with the land price of KRW 1,500,000 and the balance after the settlement of capital gains tax, immediately after the payment of the balance of the purchase price in the Mz securities is made (hereinafter “instant agreement”), and the instant agreement currently holds by the Plaintiff.

On February 14, 2014, the Plaintiff leased R KRW 240 million to R on the same day, and R on the same day, the Plaintiff obtained a loan of KRW 240 million to the Plaintiff.

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