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(영문) 인천지방법원 2015.07.08 2014가합52625

약정금

Text

1. Defendant G: (a) KRW 22,102,062 for Plaintiff A, B, and D; (b) KRW 44,204,124 for Plaintiff C; and (c) KRW 81,604,650 for Plaintiff E and the above amount.

Reasons

1. Basic facts

A. The Plaintiff A, D, and B owned 1/5 shares, and the Plaintiff C owned 2/5 shares, respectively, with respect to the land of 1,101 square meters and 1,329 square meters prior to H in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, and 545 square meters prior to K, respectively. (2) The Plaintiff E owned the land of 902 square meters prior to J in Kimpo-si and 545 square meters prior to K (hereinafter referred to as “L land” in accordance with the place where each of the said land was located, and collectively “each of the instant land”).

B. On May 27, 2010, Plaintiff A, D, B, and C entered into a sales contract with Defendant G to sell KRW 845,00,000 for price of H and I land. (2) On May 27, 2010, Plaintiff E entered into a sales contract with Defendant G to sell KRW 462,00,000 for price of land, J, and K (hereinafter “each of the instant sales contracts”).

3) At the time of the conclusion of each of the instant sales contracts, Defendant G entered into an agreement with the Plaintiffs on the title “matters of the special agreement regarding the performance of the contract” (hereinafter “instant agreement”).

The purpose of this study was to prepare and set up a main text, and to transfer to a third party (a third party) the land in this location is as follows: - (a) the main content of which is the following: (b) the land in this location is the first class of neighborhood life (retail) in the name of its owner; and (c) the building permit was obtained.

2) The seller actively cooperates with all procedures necessary for the merger, division, and building permit of this land at the buyer’s expense. 3) The buyer does not impose liability on the seller for all expenses incurred in building, civil engineering, design, and application (farmland diversion charges, resident tax, public bond.) necessary for building authorization.

4) The seller does not raise any objection to the buyer’s sale of the land to a third party. (1) The buyer shall pay 10% of the down payment at the same time as the contract is concluded, obtain the building permit, and pay 30% of the intermediate payment within 10 days after receipt of the permit.

A seller shall actively create a subordinate security right to a buyer.