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(영문) 서울중앙지방법원 2016.11.04 2015가단134250

어음금

Text

1. As to the Plaintiff’s Intervenor’s Intervenor’s 66,00,000 won and its 51,000,000 won, the Defendant shall start on June 30, 2014.

Reasons

1. Basic facts

(a) If Suwon-si is a party to a housing site development project conducted by the Gyeonggi-do City Corporation, it was incorporated into the housing site development project zone;

Around April 2009, the defendant, who had been engaged in livestock farming in the project district, was granted the right to be supplied with eight square meters in the daily life countermeasure site (hereinafter referred to as "the right to purchase the instant water") and became a party to the Emercian Partnership (hereinafter referred to as "the Emercian Partnership").

B. On April 6, 2009, the Plaintiff’s successor entered into a sales contract with the Defendant to purchase KRW 51 million (hereinafter “instant contract”) and paid KRW 51 million to the Defendant on the same day.

Of the content of the instant contract, the part relating to the instant case is as follows.

Article 4 "A (referring to the defendant; hereinafter the same shall apply)" shall be responsible for the change of name to "B (referring to the plaintiff's successor; hereinafter the same shall apply)" or his/her designated person by performing or providing all documents requested by the project operator from the application for the purchase of the land to the change of name.

In the event of a violation, the amount of the purchase price shall be compensated for to "B" as a penalty.

Article 7 Where “A” is excluded from a person eligible for the supply of a site for livelihood countermeasures for a housing site development zone, “A” shall immediately refund the purchase price received from “B”.

Provided, That where "A" is excluded from the causes or intention of "A", the amount of the purchase price shall be compensated as a penalty, and "B" may be immediately executed without giving notice to "A".

Article 8 "A" shall be notified to "B" of the details of the official document dispatched by the project implementer or the Gyeonggi-do Si Corporation until the change of name is made.

Article 9. The entirety of the documents for securing rights, each letter and the certificate of personal seal impression received from "A" shall become invalid at the time of change of name, and "A" shall not be used for any other purpose than change of name, and "A" shall also become an association designated by "B".