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(영문) 창원지방법원 2019.05.30 2018나60219

약정금

Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's primary and conjunctive measures against the defendant.

Reasons

1. Basic facts

A. On December 2, 2014, the Defendant purchased a building of 1881.3 square meters and its ground (hereinafter “G building”) from Changwon-si, Changwon-si, in KRW 8,300,000,000, and removed the G building after completing the registration of ownership transfer on March 27, 2015, and newly constructed a building of 14th above ground level on the above site (hereinafter “H building”) around November 2017.

B. The Plaintiff, as a lessee of the second floor commercial building (cafeteria), the first floor verbal room, and the first floor I store of G building, entered into an agreement with B and the said lessee on December 2014 with respect to the solicitation of the said leased store (hereinafter “instant agreement”).

1. Indication of real estate: F 2 stories (277.6 square meters), one story oral room, and one story I from the window of Changwon-si;

2. Owner of real estate: The tenant A and B shall agree on the real estate set forth above for the plaintiff, and the tenant A shall pay the expenses for surrendering the tenant A:

3. Expenses for illumination: 300,000,000 won.

4. Down payment: December 31, 2014.

5. Part payments: February 28, 2015,000 won;

6. Balance: The balance of KRW 170,000,000 shall be paid in sequence from the sales commission to the sales agency agreement with C (State) which is the executor of the F new business at Changwon-si, and B.

By February 28, 2015, a mutual agreement is made between F2-story commercial buildings and F2-story commercial buildings, and the first floor oral statement and the first floor I, and the mutual belief is observed and confirmed by signature.

C. The Plaintiff received the order of KRW 20,000 from B on December 3, 2014, KRW 30,000,000 from J on the 31st of the same month, and KRW 130,000,000 in total from K on February 27, 2015, and ordered the above leased store to E on February 28, 2015.

Around 2014, the Defendant: (a) with B and N (Representative K; hereinafter “N”) with respect to the construction and sale of H buildings (hereinafter “instant project”); and (b) with regard to the following sales agency contract, the Defendant is below the sales agency contract that contracts sales agency business as follows.