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1.(a)
On May 27, 2015, in relation to the 285 square meters in net city E-si between Defendant D Co., Ltd. and limited liability company D.
Reasons
1. Basic facts
A. (1) On October 16, 2012, the Plaintiff purchased the Plaintiff’s housing construction project land, etc. from D (hereinafter “D”) with respect to the instant housing construction project land, G 493 square meters and H 636 square meters and housing construction right.
(2) (A) On September 29, 2013, the Plaintiff: (a) purchased, from D on September 29, 2013, 1 and 5 parcels out of the land for a housing construction project; (b) the J outside and 3 parcels of land; and (c) KRW 812 million (the land price of KRW 482 million is KRW 330 million); (c) the down payment of KRW 30 million is paid on the date of the contract; and (d) the first intermediate payment of KRW 200 million is paid at the same time as the transfer of ownership on the said land for a housing project; (c) the name of the owner is changed from D to the Plaintiff; and (d) the remainder of KRW 35 million is paid at the same time as the transfer of ownership on the ditches located within the said housing project site; and (d) concluded a contract for the transfer of ownership and the purchase of land (hereinafter “instant housing project complex”).
(B) Meanwhile, where the Plaintiff and D fail to perform the above matters, the sales contract for the housing project complex of this case becomes null and void, and D immediately return the down payment, intermediate payment, etc. to the Plaintiff, and entered into a special agreement with the Plaintiff that pays a double of the transfer amount of business rights (hereinafter “instant special agreement”). At the time, F, who was the representative director of D, guaranteed the said obligation against the Plaintiff.
B. On June 10, 2014, the Plaintiff filed a lawsuit against D claiming for payment of KRW 195 million as part of the total sum of KRW 30 million (the total sum of KRW 330 million in business license transfer amount) and KRW 600 million in penalty (the total sum of KRW 330 million in business license transfer amount) pursuant to the instant special agreement, against D as the Gwangju District Court 2014Kahap54276, and the said court on July 2, 2015.