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(영문) 대구지방법원포항지원 2014.12.04 2013가단7644

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. Defendant C is the owner of the instant tenement house with 567 square meters above the south-gu Seoul Metropolitan Government D major 567 square meters (hereinafter “instant tenement house”), and Defendant B is the contractor of the said apartment house, and the Plaintiff is the obligee E and F, the owner of the instant apartment house, who is the former owner of the instant apartment house.

B. On March 16, 2013, the Plaintiff and G, and the Defendants drafted the following agreement on the construction and sale of the instant tenement house (hereinafter “instant agreement”).

① The Defendants are to receive the balance of the construction cost by preferentially receiving KRW 80 million from the total construction cost as KRW 400 million in the construction of the instant tenement house after completion.

② After selling the instant tenement house in lots, the Plaintiff and G are to receive KRW 110,000,000 from the Plaintiff and G.

(3) The Plaintiff, G and the Defendants shall receive each 50% of the remainder of the sale.

(4) Expenses incurred in relation to the housing in this case, such as various rents and cleaning for sale, shall be deducted from the sale price.

(5) An agreement shall be made on the change of building name.

6. The Plaintiff, G, and the Defendants need not be subject to civil and criminal legal liability due to the foregoing matters.

C. The Defendants, among the instant row houses, took out construction costs after obtaining a loan of KRW 480,00,000 per each household from the Ansan Saemaeul Community Depository as collateral of 201, 301, 302, 502, 601, and 602.

After that, 201 out of the apartment house of this case was sold in 135,00,000 won (loan 80,000,000 won), 202 had been sold in 135,00,000 won, 301 had been sold in lots in 125,00,000 won (loan 80,000 won), 302 had been sold in 135,00,000 won (loan 80,000,000 won), 501 had been sold in lots in 130,00,000 won, 502 had been sold in 135,00,000 won (loan 80,000,000 won), 602 had been sold in lots in 130,000,000 won (loan 80,000,000 won).

(Loan 80,000,000). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, and evidence 2-1.