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(영문) 서울중앙지방법원 2017.05.19 2015가단5337771

약정금

Text

1. Defendant B’s KRW 24,750,000 and the Plaintiff’s annual rate of KRW 5% from December 10, 2014 to May 19, 2017.

Reasons

1. Basic facts

A. On September 2007, the Plaintiff was selected by Sungnam-si, the Korea Land Corporation, and the Korea National Housing Corporation (hereinafter referred to as the “project implementer”) as a person subject to livelihood measures in relation to the E Housing Site Development Project, which was implemented around September 2007, and acquired a right to receive approximately 6 square meters of the land for livelihood measures from the primary project implementer (hereinafter “instant right”).

B. On April 14, 2006, the Plaintiff entered into a sales contract with Defendant B to sell the instant right at KRW 52 million (hereinafter “instant sales contract”) and received the payment from Defendant B around that time. The key contents of the instant sales contract are as follows.

Article 1:Contract for Transfer of Rights to Six square meters which will be compensated for as a site for livelihood countermeasures in the E Housing Site Development Zone, shall be the following contracts under the agreement between the plaintiff and the defendant B:

Article 2 of the purchase price of KRW 52 million: This Agreement is a contract for the transfer of rights to six members of the daily life countermeasure site that the Plaintiff is entitled to compensation from the Land Corporation. Article 4 of the Act provides that the Plaintiff shall receive, draw lots, conclude a supply contract, provide necessary documents, accompany the Plaintiff’s signature and seal to ensure that the Plaintiff is able to obtain the right smoothly, and transfers ownership without demanding a separate money and valuables to a third party designated by the Defendant B or Defendant B, if the name of the Plaintiff is changed from the project implementer.

Article 6: The Plaintiff shall provide documents necessary for the re-issuance of the above rights according to the circumstances of Defendant B.

Article 7: The plaintiff waives his/her right on the balance date and does not bring about a civil or criminal issue thereafter.

Special agreement: Defendant B shall bear the transfer income tax incurred after this contract is entered into.

C. According to the amendment of the former Housing Site Development Promotion Act (amended by Act No. 8384, Apr. 20, 2007; hereinafter the same), the project implementer is determined as a person subject to livelihood countermeasures around August 2007.