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(영문) 제주지방법원 2018.12.06 2017가단8271

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 2015, the Plaintiff arranged to purchase KRW 275 million with C forest land of KRW 10,466 square meters (hereinafter “instant land”) in Jeju-si.

B. The Plaintiff, the Defendant, D, E, and F were convicted of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Forest) and the Mountainous Districts Management Act due to the suspicion of unauthorized cutting of the instant land, damage to forests, or diversion of mountainous districts.

C. The Defendant sold the instant land to a majority and received a total of KRW 2.6 billion payment.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1, Eul evidence 5, the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion was that the Defendant agreed to pay 20% of the profit accrued from the disposal of the instant land to the Plaintiff on the face of a clean rearrangement of access roads to the instant land.

To seek payment of KRW 200 million, which is part of the above agreed amount.

B. According to the evidence Eul evidence No. 5, it is acknowledged that the plaintiff and the defendant conspired to commit a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (forest) and the Mountainous Districts Management Act, and actually committed a violation, and that the plaintiff and the defendant shared with the above crime at the time of the public offering. However, as to the plaintiff's assertion that the plaintiff's 20% of the proceeds was divided during the public offering, the evidence No. 2-1 and No. 2 as shown above are prepared during the lawsuit in this case, and only a certificate submitted by the plaintiff was made during the lawsuit in this case, and there is no other evidence to acknowledge the plaintiff's assertion. 2) Even if the defendant agreed to pay 20% of the profits as alleged by the plaintiff, it is difficult to believe that there is no other evidence to acknowledge the plaintiff's assertion.