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(영문) 수원지방법원 2016.11.15 2016가합71719

약정금

Text

1. The Defendant: 150,000,000 won to Plaintiff A and 5% per annum from March 18, 2016 to November 15, 2016; and

Reasons

Facts of recognition

The defendant is the husband of the plaintiff A's Chokdong D, and the plaintiff B (hereinafter "the plaintiff company") is a juristic person established for the purpose of conducting real estate development consulting business, etc., and Eul is a director of the plaintiff company who represents the above plaintiff company as an internal director.

F is a person who has become the representative director of G Co., Ltd. (hereinafter referred to as “G”) who is an apartment development project executor after concluding the following sales contract:

On November 8, 2011, the Defendant entered into an exclusive brokerage agreement with the J Licensed Real Estate Agent Office to request the sale of seven parcels and buildings on the land (hereinafter “instant real estate”) not less than 1757 square meters of the I Sports Site in Gwangju-si, Gwangju-si, Gwangju-si, and to pay 4% of the consulting cost per 3.3 square meters.

However, the defendant did not sell the real estate of this case, but requested the plaintiff A to sell the real estate.

After the plaintiff requested E to sell the above land, E requested K Architect office to design a new apartment construction plan and to analyze business profit for the instant land, and received results from K Architect office's new apartment design and business profit analysis on three occasions on October 7, 2013, October 11, 2013, and November 1, 2013.

E previously introduced the instant real estate to F, who asked the F to know about the apartment project site, by presenting the new apartment design proposal, and the F decided to purchase the instant real estate by considering the opinions of the architectural design office that it trades.

After that, on October 31, 2013, the Defendant, H, E, and F drafted a pre-sale contract stating that H sells the instant real estate at KRW 7.865 billion to L, which was the representative of G at that time, the Defendant, H, E, and F entered into a special agreement to the effect that H, the owner of the said real estate, subsequently donated the instant real estate to his children, and H and their children enter into a regular sales contract with G in the position of a joint seller.

H. H.