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(영문) 인천지방법원 2015.10.07 2014가합3586

약속대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From around March 2001, the Defendant had been engaged in the land excavation work for hot spring development in Incheon-gun D, Incheon-gun. Around March 2001, the Defendant purchased the land excavation work for hot spring development by the Plaintiff’s recommendation from Incheon-gun E, Incheon-gun, which was owned by the Plaintiff B (hereinafter “instant land”). However, the registered name continued the land excavation work with left for the Plaintiff B.

B. On May 9, 2001, the Defendant developed a hot spring hole on the instant land. On June 8, 2001, the Defendant prepared a statement of performance that, in return for the Plaintiffs’ cooperation in hot spring development, the Defendant would sell hot spring hole, 10% of the purchase price, and in the event that hot spring is leased and sold, 10% of the profit would be paid to each Plaintiffs (Evidence A No. 1; hereinafter “instant performance statement”).

In addition, the defendant received the registration of transfer of ownership from the plaintiff B on June 12, 2001 on the land of this case from June 8, 2001.

C. 1) Around November 2001, the Defendant agreed to carry on a partnership business with F to receive an investment in hot spring development from F. The Defendant transferred 1/2 shares in a hot spring development project carried out in the said area D to F, and F decided to invest KRW 1.5 billion in total with the purchase price of three parcels, such as G and H, including the instant land, and KRW 1.2 billion in the premium for hot spring (hereinafter “instant partnership business agreement”).

(2) On November 27, 2001, the Defendant completed the registration of ownership transfer on the ground of sale on November 17, 2001 with respect to 1/2 shares, etc. of the instant land to F, and received KRW 300 million from F around that time.

3) The Defendant settled the amount invested by F by July 15, 2002 as KRW 300 million, and written a written confirmation (Evidence A No. 12) confirming that F has a right to hot spring hole and hot spring water (Evidence A 12) to F. 4) The remainder of the premium for equity interest in the hot spring.