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(영문) 부산지방법원 2015.06.24 2015가단10451

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's assertion

A. On September 21, 2014, the Plaintiff asserted that the Plaintiff sold the amount of KRW 291 square meters prior to Ulsan-gun C, Ulsan-gun, U.S. (hereinafter “instant land”) owned by the Defendant to KRW 1.5 million per square, and agreed to receive KRW 30 million from the Defendant on the face of the week to pay the amount of KRW 30 million at the height of the water.

Accordingly, in order to encourage the purchase and sale of the instant land, the Plaintiff promoted the instant land through a brokerage establishment, etc., and returned to the place of Yangsan and Ulsanyang, etc., and on October 4, 2014, the Plaintiff concluded a sales contract to sell the instant land at KRW 1,500,000 per square year.

Therefore, the defendant is obligated to pay to the plaintiff the above agreed amount of KRW 30 million and damages for delay.

B. The judgment of the Plaintiff and the Defendant did not conflict between the parties, and the Defendant shares 10/43 of the instant land, D, and E shares 10/43 of each of the instant land, and F shares 13/43 of each of the instant land, and F sells the instant land to G, H, and I for KRW 430 million on October 4, 2014, and the ownership transfer registration was completed on November 25, 2014 between G and two, namely, the fact that the ownership transfer registration was completed on November 25, 2014.

However, the above facts and evidence Nos. 1, 2-1, 2-2, and testimony of the witness J and K alone exist between the Plaintiff and the Defendant, and further, it is insufficient to acknowledge the fact that the sales contract was concluded by setting the sales amount of the land of this case as KRW 1.5 million due to the Plaintiff’s efforts and mediation, and there is no other evidence to acknowledge it.

Rather, according to the statements in Eul evidence Nos. 1, 2, Eul evidence Nos. 3-1, 2, and Eul evidence Nos. 4-1, 2-2, and 4-2, the sales contract for the land of this case was concluded as a broker of L, and L did not receive a request from the plaintiff for the sale and purchase of the land of this case, and L is also the purchaser's physical color.