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(영문) 의정부지방법원고양지원 2015.05.29 2014가합6909

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 May 12, 2009, the Plaintiff entered into a contract with the Defendant to purchase the J land at the time of subdivision and land category change, etc. (hereinafter “instant contract”). On May 12, 2009, the Plaintiff: (a) part of C previously C, 15,989m2 of D forest land (hereinafter “instant land”) 1,379m2, which was owned by the Defendant, became 215m2 at the present; and (b) D forest land 15,989m2 at the present time after subdivision and land category change.

B. The Plaintiff paid to the Defendant the sum of KRW 130 million in total, which is KRW 50 million on May 12, 2009, KRW 60 million on the 19th day of the same month, and KRW 20 million on the 25th day of the same month (hereinafter “instant payment”).

C. On June 25, 2009, the Plaintiff was notified of the result of the construction report on the instant land.

On August 5, 2010, the Defendant transferred to the Plaintiff the account transfer of KRW 60 million, and issued cashier’s checks on October 29 of the same year.

E. In developing the instant land, the Plaintiff proposed to E to find a defect in the joint development to E as the relationship with which drainage way passes F, which is the non-party E owner, and accordingly, notified the result of the construction report (revision of reported matters) on March 5, 2010, and the same year.

4.1. The F is notified of the results of the construction report, respectively;

F. The Plaintiff and the Defendant and E found the G company around the end of February 2012, when the development permission period for the instant land and E was expired, and around the end of February 2012, the Plaintiff delegated the renewal of the permission for the instant land under the Plaintiff’s name, and the renewal of the permission for the instant land owned by E was equipped with relevant documents to file an application under the name of E and H. On April 2012, the Defendant found the relevant documents and subsequently sold the instant land to the Malkcck Co., Ltd. on March 12, 2014, and completed the registration of the transfer of ownership on April 21, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 11 through 16, Eul evidence Nos. 1 and 2, respectively.