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(영문) 수원지방법원여주지원 2019.01.08 2017가단3132

양수금 등

Text

1. The Defendants jointly and severally against the Plaintiff

(a) KRW 60,00,000 and its related amounts shall be from June 20, 2017 to the day of complete payment.

Reasons

Facts of recognition

On December 24, 2013, the Plaintiff, F, and G agreed to purchase the J-based 149,892 square meters of land from H innju City (hereinafter “I”) and jointly carry out a project to create it as a housing site.

J On December 26, 2013, the land was subject to registration conversion and division into 134,931 square meters of K forest land, 9,919 square meters of L forest land, Ma 5,042 square meters of forest land, and the N Co., Ltd. (hereinafter “N Co., Ltd.”) operated by G (hereinafter “Nonindicted Co., Ltd”) completed the registration transfer of L land (hereinafter “instant project site”) which is the project site on December 27, 2013.

G, while the joint business of the withdrawal from the partnership and the preparation of the agreement of G, decided to withdraw from the partnership business relationship, and the Plaintiff, F, and G were gathered on June 11, 2014 for the settlement of the partnership business relationship.

As above, the following agreements (hereinafter referred to as “instant agreements”) have been drafted in the same place:

1. On December 24, 2013, the Plaintiff, F, and G entered into an agreement regarding the housing site development project for forests and fields of Jwon.

2. G shall withdraw from the above agreement.

3.With respect to the method of withdrawal, the said project site shall be transferred to the plaintiff and the person designated by F, and the settlement shall be made by paying 36 million won with compensation for losses such as financial expenses paid by G.

4. The amount shall be paid by October 31, 2014, and the person who purchased the project site with respect to the payment and the executor shall stand joint and several sureties.

5. (Omission) The Plaintiff and F designated the person to purchase the instant project site as Defendant B.

Accordingly, the agreement of this case was written by Defendant B and Defendant C Co., Ltd. (Defendant B’s representative director; hereinafter “Defendant Company”) as joint and several sureties.

The above agreement provides that “the purchaser of the project site shall pay KRW 60 million to H, who is the former owner of the said land, and shall open and provide a road of eight meters wide from the H-owned site adjacent to the project site” (hereinafter referred to as the “instant special agreement”).