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(영문) 서울북부지방법원 2017.01.13 2016가단19401

약정금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination on both arguments

A. The fact that the agreement on the sale and purchase (A-1; hereinafter referred to as "the agreement of this case") was made between the plaintiffs and the defendants around November 11, 2009 is without dispute between the parties, and further, as stipulated in paragraph (3) of the agreement of this case, that the plaintiff B obtained permission for liquefied petroleum gas filling business in the name of the defendants (hereinafter referred to as "permission of this case") with respect to the subject matter of the sale "within a certain period" as stipulated in paragraph (3) of the agreement of this case, and the defendants agreed to pay "40% of the net profit amount" to the plaintiffs, but the plaintiff B still did not have any opinion among the parties on the grounds of each claim of this case. In this case, the plaintiffs asserted that the compensation procedure for the land subject to the sale and purchase stipulated in the agreement of this case was indefinitely obtained from the plaintiff B, and that the defendants had already obtained permission of this case 500,000 won during the process of extending the period of sale and purchase from the plaintiff B to the above 400 billion won.

(b) However, (1) is, first, different from that of “ May 30, 2010,” which is the closing date specified in paragraphs 3 and 4 of the instant agreement.