약정금
1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
1. Facts below the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence 1, Gap evidence 2 (including various numbers), Gap evidence 7, Gap evidence 8, Gap evidence 10, Gap evidence 11, Eul evidence 13, Eul evidence 1 through Eul evidence 9.
On April 2, 2007, the Plaintiff entered into a contract with the Defendants to sell D forest land 11,881 square meters (3,600 square meters, which was divided into seven parcels from D and E on December 12, 2008) in the purchase price of KRW 900,000 (hereinafter “instant contract”) at KRW 250,000 (hereinafter “instant contract”), and received full payment from the Defendants by August 2, 2007.
B. Since the Defendants planned to develop the land after the division and resell it to a third party, at the time of the instant contract, the Plaintiff and the Defendants concluded a special agreement at the time of the instant contract to bear only the transfer income tax corresponding to the purchase price even if the land was sold after the subsequent subdivision (hereinafter “special agreement on transfer income tax”).
C. Afterwards, the Defendants filed an application for land transaction permission with the mayor of Gohap, but the application was rejected, and the Defendant B and F were established on November 6, 2007 as joint representative director. D.
G terminated the instant contract with the Plaintiff on January 25, 2009. However, instead of holding the purchase price of KRW 900,000,000 already received from the Defendants, if land is sold after division, G receives the purchase price in full as the development cost, etc., and on the other hand, a special agreement on capital gains tax was concluded between the Plaintiff and G to maintain it as it is.
E. Before and after the above agreement, G sold on behalf of the Plaintiff the entire land in KRW 1,823,50,000 on behalf of H, etc., and the registration of ownership transfer was completed directly from the Plaintiff on the whole land for sale purpose by the Plaintiff to H, etc.
F. Meanwhile, G is against the Plaintiff.