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(영문) 대전지방법원서산지원 2016.11.24 2016가합50152
약정금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 904,407,416 and KRW 638,00,000 among the Plaintiff.

Reasons

1. Basic facts

A. On November 9, 2004, D Co., Ltd. (hereinafter “D”) purchased from the Plaintiff the instant real estate sales contract (hereinafter “instant agreement”) with the Plaintiff for KRW 2.2 billion for the purpose of promoting the new construction-sale business of “F” in Seosan-si Edong, Seosan-si, the Plaintiff owned for KRW 340 square meters, KRW 10 square meters, KRW 10 square meters, KRW 1 square meters, and KRW 22 square meters and G-based buildings (hereinafter “instant real estate”). The Defendant Co., Ltd concluded a joint and several liability for the Plaintiff under the instant agreement on the same day.

The down payment amount of KRW 2.2 billion out of the total purchase and sale of the instant real estate is set up and received as real estate, and the remaining KRW 2.1 billion means the payment of KRW 1.65 billion, excluding KRW 550 million in the property agreement.

50 million won shall be paid in lieu, and 1.65 billion won shall be paid in cash.

The payment of KRW 50,000,000 shall be made in F170 (12.086 square meters) and 133 (2.943 square meters) on the first floor, and the third intermediate payment time (2.10 months or less) on the third floor shall be commercialized.

Transfer income tax shall be borne by D.

B. On November 9, 2004, when the Plaintiff received from D the payment of the instant real estate purchase price of KRW 1.65 million, excluding KRW 550 million, out of KRW 2.2 billion, the Plaintiff and Defendant C agreed to invalidate the payment of KRW 50 million in lieu of the payment of KRW 550 million in purchase price of the instant real estate, the Plaintiff and Defendant C agreed to invalidate the payment of KRW 1.65 million in lieu of the payment of KRW 550 million in purchase price of the instant real estate to Defendant C (hereinafter “instant agreement”).

C. After that, Defendant B Co., Ltd. (hereinafter “Defendant B”) assumed the obligation to pay the real estate sale price to the Plaintiff on February 22, 2006, and entered into an agreement with the Plaintiff (hereinafter “instant third agreement”).

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