약정금(공동개발이익금반환) 청구 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the arguments stated in Gap evidence Nos. 1, 2, 7, 14, 15, 16, 19, 20, 21, 22, 23, 31, 32, 34, 35, 36, Gap evidence Nos. 3, 3, 6-2, 3, 4-1, 5-2, 5-1, 5-2, and 9-1, 2, 11, 12, 25, 26, 27, 28, 35, and each of the statements and videos stated in Gap evidence No. 3, 4-1, 5-2, and 9-1, 9-2, Gap evidence No. 11, 25, 27, 28, and 35 shall not interfere with the following recognition:
Before the subdivision, the registration of ownership transfer was completed in the fields D, E, F, and G with respect to C forest land 5,950 square meters (hereinafter “the instant land before subdivision”).
B. (1) On December 27, 2009, the Plaintiff entered into an agreement with the Defendant to jointly purchase the instant land before subdivision and distribute profits therefrom (hereinafter “instant agreement”).
(2) Joint purchase and joint development of the instant land prior to division under Article 2 (Purpose) of the Terms and Conditions, and the Plaintiff and the Defendant distribute the profits equally by 50 per cent after the settlement of expenses.
Article 3 (Purchase of Land) The purchase work for four equity holders of the land of this case prior to the subdivision shall be conducted by the plaintiff, and the sales contract shall be completed by the plaintiff, who is a licensed real estate agent, 2% of the brokerage commission shall be paid by the defendant, and the tax invoice shall be received.
The expected purchase price of the land of this case prior to the subdivision of Article 4 (Preliminary Purchase Price of Land) shall be at least 30,000 won per square meter, 【 50,000 won per square meter, and where it is impracticable to purchase it, it shall be changed by agreement between the plaintiff and the defendant.
Article 5 (Purchase of Remaining Shares) The land E with the 1/4 share of the land of this case prior to the division shall be within 1.5 million won of the usual unit price after obtaining permission, and the adjustment of the amount for tax saving shall be agreed upon by the plaintiff and the defendant, and the plaintiff shall be responsible for the purchase and use of the land.