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(영문) 인천지방법원 2018.04.25 2016가단209121
약정금
Text

1. The Defendant’s KRW 11,233,850 for the Plaintiff and KRW 5% per annum from March 6, 2018 to April 25, 2018.

Reasons

1. Basic facts

A. The plaintiff is the owner of Bupyeong-gu Incheon Metropolitan Government No. 207, 208, and 209 (hereinafter collectively referred to as "the instant building" when collectively referred to as "the instant building; when referring to the individual number, hereinafter referred to as "the relevant number"). The defendant is the owner of the E, F, G, H, I land (hereinafter collectively referred to as "the instant land" when referred to as "the total number"; when referring to the individual lot number, hereinafter referred to as "the relevant lot number") of the E, F, G, H, and I land (a single or joint ownership).

B. On May 3, 2012, the Plaintiff entered into a real estate exchange contract (Evidence A 2; hereinafter “instant exchange contract”) between the Defendant and the instant building owned by the Plaintiff and the Defendant for the exchange of the instant land owned by the Defendant. The key contents of the instant exchange contract are as follows.

Real estate shall be indicated.

1. Location of the goods owned by the defendant and the obtaining of the permission for the tourist farm and multi-family house in Incheon Strengthening Group E, F, G, H, and I land (a postponed state);

2. On September 24, 2015, after the date of the instant exchange contract ( May 3, 2012), Nos. 207 through 209 of the instant building, located on the location of the Plaintiff’s property and the explanation Incheon Bupyeong-gu, Bupyeong-gu, Incheon, and 12 lots of ground D building 207, namely, the date of the instant exchange contract (hereinafter “instant exchange contract”).

No. 208 No. 207 of the present Key Lease, No. 208 of the present public office terms and conditions of the contract, Article 1 of the present public office terms and conditions of the contract, the Plaintiff shall pay the difference in exchange to the Defendant as follows, in agreement between the parties thereto:

Exchange difference: 150,000,000 down payment: 20,000,000 won (payment at the time of a contract and the receipt seal): The balance shall be paid in July 3, 2012. 130,000,000 won.

Article 2 (Transfer of Ownership) The plaintiff and the defendant shall deliver to the other party all documents concerning the transfer of ownership and other rights of transfer at the same time as the balance of the exchange difference is received, and shall exchange all documents on the date of the exchange of goods if the exchange difference does not occur.

Article 3 (Tax and Public Charges) Various taxes, public charges, etc. shall be based on the balance payment date.

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