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(영문) 울산지방법원 2014.12.17 2014가합1986

약정금

Text

1. The Defendants: (a) each of the Plaintiff KRW 660,000,000, and Defendant B with respect thereto from April 23, 2014; and (b) Defendant C with respect to the Plaintiff on April 23, 2014.

Reasons

1. Basic facts

A. On October 9, 2004, the Plaintiff entered into a sales contract with Defendant B to purchase KRW 1,120 square meters in Ulsan-gu G 1,120 square meters (hereinafter “instant real estate”) from D (hereinafter “instant sales contract”) with the Plaintiff, E, and E, as joint buyers, with Defendant B’s representative director (hereinafter “D”). On October 26, 2004, the Plaintiff paid the sales price under the instant sales contract to Defendant B in full.

(2) On August 28, 1998, Defendant B, a representative director, entered into an agency contract with the I Land Partitioning Association (hereinafter “instant association”) for “I Land Partitioning Project” which is implemented in the size of 1,441,300 square meters in Ulsan-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City. Defendant B attempted to sell land secured by development outlay, which is anticipated to prevent the method of procuring the liquidation project cost, to raise the project cost with two and three double proceeds. The instant real estate was also the real estate sold to a third party double and three double proceeds.

(3) On August 31, 2004, H was merged with J Co., Ltd. (hereinafter “J”) in which Defendant B was the representative director, and J was declared bankrupt on December 27, 2006 after the final bankruptcy was settled on December 27, 2006 and around April 25, 2008.

(4) After the J was declared bankrupt as above, the victims suffered from double selling of land secured by the recompense for development outlay by Defendant B filed a complaint against Defendant B on charges of fraud, etc.

B. (1) On November 16, 2010, K, a form of F, which purchased the instant real estate as a joint purchaser with the Plaintiff, drafted a written agreement with Defendant B and C (hereinafter “instant agreement”) with the following content.

Marking of real property in combination.

1. Ulsan-gu L (396 square meters) (396.7 square meters);

2. The above-mentioned land at the parking lot lot M (1,120 square meters) in Ulsan-gu is agreed as follows:

1. A (the plaintiff, et al.) is a parking lot of 2 real estate from Defendant B (the defendant B).