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(영문) 서울남부지방법원 2016.05.12 2013가합18166

약정금

Text

1. The part of the plaintiffs' conjunctive claim is dismissed.

2. The Defendants’ District Court.

Reasons

1. Basic facts

A. On September 7, 1999, G purchased each share of 44,040/112,500 square meters of 6,661 square meters of J forests, 5,842 square meters of K forests, 3,133 square meters of L forests, and 44,040/112,50 square meters of 3,133 square meters of her forests (hereinafter “land before division”), but sold M, N,O, and P (hereinafter “M, etc.”) for KRW 40 million on October 1, 2003 without completing the registration of ownership transfer.

B. On February 3, 2004, Plaintiff A and B entered into a sales contract with Plaintiff A and B to purchase KRW 1.3 billion (one billion in the case of a divided parcel of land to be transferred with the purchase price and the shares) of the land before the division between Plaintiff A and Plaintiff A and B, and paid KRW 600 million as the down payment and the intermediate payment to M, etc. on the date of the contract.

C. On February 5, 2004, the Deceased et al. completed the registration of the establishment of a collateral security interest for the Plaintiff B, the maximum debt amount, and the debtor with respect to the building of 170 square meters and the second floor above the land owned by Ma on February 5, 2004, in order to secure the claim for refund of KRW 600 million of the purchase price paid as above.

(1) An agreement that the deceased and theO shall own 50% of the land before subdivision.

(2) O shall promote the division and development of the land before division, and shall make a mortgage document equivalent to 1.2 billion won on the land before division to the deceased, and the deceased shall terminate the right to collateral security of KRW 600 million on the land before division, which was created as a sales guarantee for the land before division

(3) In selling and selling land before subdivision, the deceased may first reimburse KRW 700 million invested by the deceased, and theO may deduct development expenses, etc.

(4) When the agreement is not implemented properly, it shall be returned to the land sales contract concluded between M, etc. and the deceased, etc.

(Development and Administrative Expenses are responsible and resolved by theO). (5) Land sale and purchase shall be the land.