logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.09.22 2016가단28625
약정금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) operated by the Plaintiff owned approximately 302 square meters (hereinafter “pre-mergered land”) with D 302 square meters (hereinafter “Before annexation”), on February 25, 2003, the Plaintiff purchased approximately 13 square meters (hereinafter “E land”) from F, the owner of the land, and on March 12, 2003, purchased approximately 9 square meters (hereinafter “G land”) from H, the owner of the land at Sejong-si (hereinafter “B land”). On April 3, 2003, E land and G land were combined into the pre-mergered land, and thus, the land was D large 447 square meters (hereinafter “after annexation”).

B. After the annexation, the Plaintiff started the construction of a new commercial building on the ground of the 6th floor size on the land and the Bapo-si I land (hereinafter “J commercial building”), and the construction was suspended due to the shortage of funds.

The defendant tried to take over the J commercial building from the plaintiff, and agreed with the plaintiff on the change of the owner's name with the following contents.

1. Total purchase amount: 260 million won (160 million won)/7 (20 million won)/13 (30 million won)/30 (50 million won): 50 million won (10 million won).

2. Land purchase method [30 million won cash deduction (land 13 square meters and 30 square meters)] ① Land - 90 square meters - 90 square meters (land 13 square meters and 30 square meters): 180 million won deduction = 180 million won-30 million won = 150 million won reduction = 150 million won Ⅱ) 30 square meters: Disposal of the relevant area as a substitute, preparation of a written contract for sale in lots (3,00,000 won/path) and completion of 70 square meters of land.

3. Building (1) purchase method (1) method I: 50 million won shall be treated as a substitute among five to six floors, and a contract for sale in lots (3,00,000 won/pacted). (2) method II: Cash 30 million won; 30 million won, such as K lien waiver note, purification tank receipt, etc.

4. Building (2 to 6th floor): L Lien waiver note, and other subcontractors shall be arranged.

5.A certified judicial scrivener shall be selected by the buyer (M) - The selection of the mandator - the contract for alteration - an application for change of the person concerned - the change of the owner.

arrow