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(영문) 인천지방법원 2018.08.31 2017가합59252

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) The Korea Land Corporation was merged with the Korea Land Corporation on October 1, 2009 and became the Korea Land and Housing Corporation;

On October 31, 2007, Defendant B, the owner of Jung-gu Incheon Metropolitan City G, which was jointly implemented by the Urban Development Corporation and the Urban Development Corporation, entered into a contract with the purport that if the Plaintiff is selected as a person to be supplied with the land for future livelihood countermeasures (hereinafter referred to as the “instant sales contract”), the right to sell the land for livelihood countermeasures (hereinafter referred to as the “right to sell”) to be supplied from the Korea Land Corporation for KRW 95,00,000, and received the payment from the Plaintiff in full on the same day.

B. On October 31, 2007, in order to secure the performance of the sales contract of this case, the Defendants prepared and executed to the Plaintiff a notary public’s certificate of promissory note with the face value of KRW 250,000,000,000 from No. 00966 of the Maritime Law Firm 2007, the issuer, the Defendants, the payee, the Plaintiff, the date of issuance, the Incheon Metropolitan City on October 31, 2007, the place of payment, each of the Incheon Metropolitan City on the date of payment, the place of payment, and the place of payment (hereinafter “certificate of promissory note of this case”).

C. The instant sales contract provides that “The notarial deed of a promissory note, other than this contract, prepared separately for the purpose of securing the duty of transfer in the name of this article, shall not be used for any other purpose, as it is for securing the duty of transfer in the name of this article.”

On July 24, 2009, Defendant B was notified by the Korea Land Corporation that the supply area was 83 square meters and its use was selected as one of the general commercial sites or neighborhood living facilities sites.

(e) The Korea Land and Housing Corporation shall urge Defendant B to join the Association on November 13, 2013, October 13, 2014, and August 25, 2015 to file an application for the supply of land for livelihood countermeasures within the time limit for application.