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(영문) 수원지방법원 2015.07.24 2013가합16032

약정금

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1. Defendant B’s KRW 350,000,000 as well as 5% per annum from October 9, 2012 to December 29, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant C: (a) around December 22, 2004, purchased the purchase price of KRW 834,757,000,000,000 in Suwon-si E, Suwon-si (the above land was divided into KRW 1,218,000,000 in Suwon-si, Suwon-si; (b) KRW 1,539,000,000,000 in size; (c) on May 2, 2006, the above F field 1,539 square meters in size was divided into KRW 1,031 square meters in size and KRW 508,00,00 in size in size; (d) KRW 88,00,000 in total, KRW 30,00 in intermediate payment was agreed to pay the remainder on January 31, 2005; and (e) KRW 45,5030,50,000,00 won in remainder.

B. The sales price under the above sales contract was set up by Defendant B, who is a form of punishment. Defendant B asked the Plaintiff to offer money by talking about the circumstances, such as the land on which compensation is expected, as the remaining payment date under the above sales contract was not made even if the remaining amount was not set up on May 3, 2005, which was the date of payment of the remaining amount under the above sales contract. The Plaintiff paid KRW 400 million to Defendant B on April 25, 2005.

C. On June 7, 2006, the registration of ownership transfer was completed for the acquisition of public land in the future at Suwon-si, Suwon-si, the Suwon-si, which was divided into the land of this case. Defendant C was paid KRW 362,396,50 as compensation for the said land from Suwon-si on June 12, 2006.

From May 4, 2006 to July 13, 2009, Defendant B paid to the Plaintiff a total of KRW 80 million on six occasions as indicated in the following table, and paid KRW 150 million on July 1, 201 and KRW 200 million on November 9, 201, respectively.

The amount of the due date (won) on May 10, 200,000,000 on May 8, 2008, 2000,000 September 6, 2006, 30,000,000 on September 7, 2008, 2000,000 on October 7, 2008, 200,000 on March 6, 2007; and

E. The plaintiff filed a complaint against the defendant B as follows, but the defendant B did not have the authority to prosecute the facts specified in paragraph (1) from the Suwon District Prosecutors' Office, and the defendant B did not prosecute the facts specified in paragraph (2) below.