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(영문) 수원지방법원성남지원 2016.02.02 2015가합205938
매매대금
Text

1. The Defendant shall complete all the documents necessary for the registration of transfer of ownership of 2,375 square meters from the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 30, 2006, the Plaintiff sold the purchase price of KRW 3,391,50,000 (the sum of the contract amount of KRW 339,150,000 and the remainder of KRW 3,052,350,000 (the sum of the contract amount of KRW 339,150,000 and the remainder of KRW 3,052,350,000) to the Defendant, who promoted a collective housing building project, and if the designation becomes final and conclusive on March 31, 2007, the Plaintiff concluded a sales contract under which the payment shall be made on March 31, 2007 (hereinafter “instant sales contract”).

B. On the same day, the Plaintiff and the Defendant drafted an additional agreement stating that “in the event that the down payment is returned due to the confirmation of the public development led by the government-led public officials, notwithstanding the provisions of Article 9(1) of the instant sales contract, the Plaintiff shall return the down payment after receiving the amount of compensation from public development. In the event that the designation of an urban development project zone and the designation of a project implementer becomes final and conclusive even before December 30, 2007, the instant sales contract shall be null and void. In this case, the invalidity of the contract shall be finalized by failing to pay a penalty and returning the down payment.”

(hereinafter referred to as “instant additional agreement”). C.

Until December 30, 2007, the designation of an urban development project zone and the designation of a project implementer were not made, however, the plaintiff did not return the down payment to the defendant.

The Plaintiff and the Defendant terminated the instant additional agreement on July 3, 2009 and concluded a contract to modify the instant sales contract, the sales price shall be 330% of the officially announced price in 2007, and the content of the modified contract shall be in accordance with the instant sales contract, and the date of payment for the sales price shall be determined at the time of the modification of the contract.

E. On November 16, 2009, the Plaintiff entered into a contract with the Defendant to modify the instant sales contract (hereinafter “instant modified contract”).

In concluding the contract, the instant amendment contract is in the instant sales contract.

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