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(영문) 광주지방법원 2017.06.02 2015가단50601

약정금

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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The Plaintiff, the Defendant, and C have agreed to file a non-litigation at the time of the settlement of the principal claim, and thus, the instant lawsuit is unlawful.

According to the statement of Gap evidence No. 2-1, the plaintiff, defendant, and C decided to accept the result of the commercial lot lottery regardless of any reason, no property dispute may be brought about in any case about the contents specified in the agreement, and no objection is raised about the settlement amount.

However, it is difficult to view that the Plaintiff’s claim, other than the above agreement, is contrary to an agreement reached between the Plaintiff and the Defendant on the settlement of accounts, and accordingly, claims for the agreed amount pursuant to the agreement on the settlement of accounts.

Therefore, this part of the defense is without merit.

2. Facts of recognition;

A. The Plaintiff registered the business with the name of D, each of the Defendant and C, with one-third investments, and entered into a partnership agreement to build a F building with the size of two underground floors and nine floors above the ground, 703.5 square meters above the total area of 703.5 square meters above the ground (hereinafter “instant building”) in Gwangju Mine-gu E (hereinafter “instant land”).

B. On March 22, 2012, the Plaintiff, the Defendant, and C agreed to own the instant building separately for each commercial building. On March 26, 2012, at the Gtax Accounting Office, there was a lottery lot in relation to the unsold price among the instant buildings. As a result, C owned subparagraphs 108, 109, 201, 202, 203, 701, 702, 703, 102, 401, 402, 403, 501, 502, 503, 502, 603, 601, 602, 603, 603, 104, 106, 301, 302, 302, 303, 803, and 801, respectively.

C. On March 26, 2012, the Plaintiff, the Defendant, and C entered into the following additional agreements while drawing a commercial building.

1. This lot has no unfair practices.