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(영문) 서울중앙지방법원 2014.10.23 2012가합530724

추심금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 21, 2004, in order to implement an urban development project on a scale of approximately 377,460 square meters, Defendant A (hereinafter “E Promotion Committee”) was entrusted with the authority to implement the said urban development project with the title “E Promotion Committee” (hereinafter “E Promotion Committee”) that was being established by landowners in the said development zone as its members, and entered into a contract for acceptance of the amount of development recompense land corresponding to the project cost (hereinafter “instant contract”).

B. On July 13, 2005, Defendant A and Defendant A sold approximately KRW 20,826 square meters of land allotted in recompense for development outlay in G (hereinafter “instant land allotted in recompense for development outlay”) to be paid by the E Promotion Committee under the instant flood contract, and concluded a sales contract with each of the following terms: (a) KRW 300 million out of the down payment of KRW 1 billion; (b) KRW 300 million out of the down payment of KRW 1 billion on July 11, 2005; and (c) KRW 3 billion in the first intermediate payment of KRW 3 billion within five days from the date on which the residents’ viewing inspection was made; and (d) KRW 3 billion in the second intermediate payment of KRW 46.5 billion after the formulation of Gyeonggi-do; and (e) KRW 46.5 billion in the land substitution at the time of issuance of the land substitution (hereinafter “instant land”).

C. F paid the sum of the down payment and the first and second intermediate payment under the instant sales contract between July 11, 2005 and September 30, 2005 to Defendant A, KRW 7 billion.

On January 12, 2006, the Plaintiff entered into an agreement with F on January 12, 2006, stating that the Plaintiff shall invest KRW 2 billion in a new construction and sale business of main multi-family apartment (hereinafter “instant new construction and sale business”) implemented by F in the land allotted by the authorities in recompense for development outlay for development outlay, and that the Plaintiff shall be paid KRW 2.6 billion in total from F to its investment and earnings (hereinafter “instant investment agreement”).

E. On April 5, 2006, Defendant A will change the mandatory with respect to the instant consignment contract with the E Promotion Committee on April 5, 2006, from Defendant A to Defendant C Co., Ltd. (hereinafter “Defendant Company”).