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(영문) 대전지방법원 2019.11.15 2018나111524

약정금

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A. Around 2009, the Plaintiffs entered into a trade agreement and a mutual agreement for the business of selling the land in lots after purchasing the land jointly with the Defendant.

The Plaintiffs and the Defendant purchased from D on May 28, 2009 the land for a housing complex for electric power resources under the foregoing business agreement for KRW 2.133,22 million. On July 14, 2009, with respect to shares of KRW 50/100 among the above land, the Defendant completed each registration of ownership transfer under the Plaintiff’s name as to shares of KRW 45/100, and KRW 5/100 under the Plaintiff’s name as to shares of KRW 5/100 under the Plaintiff’s name as to shares of KRW 5/100.

In addition, the Plaintiff and the Defendant purchased from F on November 28, 201, KRW 1343 square meters of G stock farm site in KRW 284,200,000,000. On December 28, 2011, the registration of ownership transfer is completed in the name of Plaintiff A and Defendant, respectively.

The plaintiffs and the defendant developed and sold each of the above lands as a whole housing complex with the name of "H", and during that process, E forest land of 19,904 square meters was divided into multiple lots.

B. In light of the ownership status of a site for electric power generation in around the end of 2013, the land remaining as co-owned by the Plaintiffs and the Defendant without being sold among the said site for electric power generation in around the end of 2013 is the 1,343 square meters of the said site, 558 square meters of the G farm site in Seo-gu, Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, J. 59 square meters, J. 59 square meters of the J. 59 square meters of the K forest, 97 square meters of the L. 69 square meters, M. 559 square meters of the M. M., M. 59 square meters of the 559 square meters of the land, O forest and 562 square meters of the land, P forest and 798 square meters

(hereinafter referred to as "land number"). (c)

On January 29, 2014, the final settlement agreement between the Plaintiffs and the Defendant was reached between the Plaintiff and the Defendant, which represented the Plaintiffs, that “The final settlement and agreement by the owner of AH interest” was as indicated in the attached Form (hereinafter “instant settlement agreement”). In particular, Article 5(3) of the said agreement is to sell or purchase the real estate agreed upon by the owner to a third party, regardless of any reason.