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(영문) 서울중앙지방법원 2014.10.02 2013가합548517

약정금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On February 2, 2007, the Defendant entered into a contract to newly construct or remodel six Dongs and 112 apartment houses on the ground of the Seoul Jongno-gu Seoul Jongno-gu T hotel site (hereinafter “instant apartment buildings”) within 97,00,000 won in total of KRW 88,187,00,000 and value-added tax of KRW 8,818,700,000 in total, and KRW 97,005,70,000 within 30 months from the date of actual commencement (hereinafter “instant contract”). The main contents of the said contract are as stated in the attached Form.

B. On March 30, 2007, this frequency industry development transferred 7,105,00,000 won out of 14,210,000,000 won of the expected development gains under Article 6(1) of the Special Agreement to the Defendant of this case (hereinafter “the expected development gains of this case”) to U as to the Defendant of this frequency industry development, and notified the Defendant of the transfer thereof on September 7, 2007, and the above notification was delivered to the Defendant around that time.

C. On September 30, 2010, U.S. transferred to the Plaintiffs the pertinent amount indicated in the Plaintiffs’ claim acquisition amount and claim amount table among KRW 7,105,00,000, U.S. claim amount of the expected development gains. On November 8, 2010, U notified the Defendant of the transfer and issued the notification to the Defendant around that time.

On the other hand, the apartment of this case was completed on March 30, 2009 and registered the preservation of ownership in the name of Korea Asset Trust Co., Ltd. on May 13, 2009.

In addition, 44 households among the total 112 households of the apartment of this case were sold in general, and 67 households, which were sold under the conditions for sale in lots after the initial lease, have been sold in lots, and the remainder of one household is unsold in lots. The sales revenue is KRW 175,343,130,000.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 11 through 14 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.