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(영문) 수원지방법원 2017.10.24 2016가합77212
약정금
Text

1. From June 11, 2016 to October 24, 2017, the Defendant paid KRW 1,575,80,193 to the Plaintiff and KRW 1,035,764,387 among them.

Reasons

1. Basic facts

A. On September 26, 2005, the Plaintiff entered into a sales contract with the C Educational Association (hereinafter “Nonindicted church”) with the content that the Plaintiff sells the building of Seongbuk-gu Seoul Metropolitan Government D 1,304 square meters and its ground church building (hereinafter “instant real estate”) owned by Nonparty church for KRW 4,000,000.

On the same day, the Plaintiff received 300,000,000 won from the non-party church, and completed the registration of ownership transfer for the instant real estate in the future of the non-party church.

B. On October 26, 2005, the non-party church sold the instant real estate to the Defendant at KRW 4,000,000,000, but the intermediate payment of KRW 1 billion was made on October 27, 2005, and the remainder of KRW 2,700,000,000, among the instant real estate, the residents of the church building out of the instant real estate move out and paid to each Plaintiff when the instant real estate is delivered (hereinafter “instant sales contract”). On the same day, the non-party church completed the registration of ownership transfer on the instant real estate in the future of the Defendant.

C. On June 12, 2007, the Plaintiff entered into an agreement with the Defendant on the payment of the price under the instant sales contract (hereinafter “instant agreement”) as follows, and around that time, delivered the instant real estate to the Defendant.

1 The defendant should pay to the plaintiff KRW 600,000 as the second intermediate payment. A.

The defendant shall pay 300,000,000 won to the plaintiff on June 13, 2007.

B. The Plaintiff is deemed to have received KRW 100 million deposited at the time of the case of revocation of the revocation of provisional disposition by 2006Kahap239 and received it as part of the second intermediate payment.

C. The Plaintiff is deemed to have received KRW 200,000,000 as the second intermediate payment for the removal cost borne by the Defendant regarding the church building among the instant real property.

2. On December 31, 2007, the Defendant shall pay to the Plaintiff one billion won as the third intermediate payment.

The defendant shall attach promissory notes, etc.

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