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(영문) 서울중앙지방법원 2016.11.30 2015가합565622
매매대금
Text

1. The Defendant, from the Plaintiff, has a factory site C, 1,693 square meters, and a general steel structure on the above ground, and a factory on the other parts of the roof.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a sales contract on April 8, 2015 (hereinafter “D”).

) The land indicated in the order and the land indicated in the text (hereinafter “instant land”).

2) The building indicated in the order to be newly constructed on the said land (hereinafter “instant building”)

) The sales contract for the instant sales contract (hereinafter “instant sales contract”).

(2) On the same day, D paid the down payment of KRW 138,00,000 to the Plaintiff’s agent for the Daejin Industrial Development Co., Ltd. (hereinafter “Largejin Industrial Development”) in the amount of KRW 138,000,000, and the down payment of KRW 138,000,000.

3. The sales contract of this case contains special terms and conditions as follows:

Matters of special agreement

3. The land in this case is a type 2 neighborhood living facilities in which development activities are acquired, and the building permission is changed and the remaining balance after completion of construction is paid, and the ownership is transferred.

7. The instant land is expected to be converted to a factory site after the completion of civil engineering and construction, and its land category is to be changed under the Plaintiff’s responsibility.

Provided, That another registration tax for change of land category shall be borne by a buyer.

9. Business schedule and other details shall be substituted by a consulting contract, and the details which have not been consulted shall be governed by the practice of real estate transactions and related Acts and subordinate statutes;

B. D entered into a consulting contract on April 8, 2015, which entered into the instant sales contract and entered into a consulting contract on the implementation of construction authorization and permission (hereinafter “instant consulting contract”) pursuant to Article 9 of the terms and conditions of the instant sales contract and the terms and conditions of the instant contract. The key contents are as follows.

[Article 1] The purpose of this case is to develop a specific area required D among the land of this case, and carry out the permitted work through factory establishment alteration and building permission, and to complete the construction work according to the authorization and the building work in good faith.

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