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(영문) 서울고등법원 2020.08.13 2020나2000733

약정금

Text

1. Revocation of the first instance judgment, and all of the plaintiffs' claims are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

1. The grounds for this part of the facts admitted by the court are as follows, and Paragraph (1) is the same as the reasons for the judgment of the court of first instance, except for the dismissal of the part of Paragraph (1) as follows:

(The main sentence of Article 420 of the Civil Procedure Act) . [Attachment 420] . 2 . 13 . . . 3 . . . . 3 : Of the grounds of the judgment of first instance in the judgment of "Defendant and B" and "Defendant and AF", part of the 10 . . . . . 10 . . as follows: 3 . . 16 . . . . . 6 . : . . ...

The defendant's attempt to sell approximately KRW 1,000 among T land and the dispute between co-owners 1) The defendant's share in part of the defendant's and J among T land to a licensed real estate agent V engaged in the real estate brokerage business under the trade name of "AG" around September to October 2008.

V requested the Defendant to intermediate the sale and purchase of T-owned land. After the split and consolidation of each T-owned land, the land of approximately KRW 1,000 among them (hereinafter referred to as “instant land of KRW 1,000”).

(2) The Defendant and J recommended the sale of the instant land at KRW 1,000,00,000, which would be more likely to receive KRW 5,000,000 on the face of the sale as apartment-type factory site. 2) Accordingly, the Defendant and the J agreed with the other co-owners of each of the instant land (hereinafter referred to as “the instant land co-owners”) on the sale of the instant land at KRW 1,00,00.

At the time of KRW 4,00,000, V explained that when the land of KRW 1,000 is sold, if the land of KRW 1,000 is sold, the remaining co-owners may receive up to KRW 28,00,000 per square year, while taking the position that the dispute surrounding the shares of the network I should be settled, but can cooperate in the sale of the instant land of KRW 1,000.

In this case, the sales amount of the net I’s share of approximately KRW 5,516,00,000 (i.e., approximately 197 square x 28,000,000).

A letter of commitment to pay was prepared and demanded to change.

3. The defendant.