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(영문) 춘천지방법원강릉지원 2019.10.01 2018가합30453

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 Plaintiff is operating the D Licensed Real Estate Agent Office in Gangseo-si. 2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company established on July 14, 2015 for the purpose of investment and development advisory business, real estate lease and enforcement-related business, etc., and Defendant C is the representative of Defendant B.

B. The Plaintiff’s land purchase work, etc. 1) The Plaintiff newly constructed a collective housing from around 2011 (hereinafter “instant project”).

(2) In order to implement the instant project, the Plaintiff, Defendant C, and F decided that the instant project will be implemented by the Company F to be established. The instant project will be implemented by the Company F.

3) Accordingly, G Co., Ltd. (hereinafter “G”) for the purpose of housing construction business, sales business, etc.

(C) Around April 2012, the Plaintiff entered into a land purchase service contract (hereinafter “instant service contract”) with G, with the purport of entrusting the Plaintiff with the duties under the land contract and paying KRW 50,000,000 in return for the purchase of the instant land site between G and G, with the intent to implement the instant project in Gangseo-si E and 37 lots of land.

Article 2 (Scope of Services) In purchasing land in a project site of G, G entrusts the Plaintiff with the duties of Articles 3 and 9 and delegates the necessary authority at the same time, and the Plaintiff faithfully performs such duties.

Article 3 (Scope of Land Purchase Price) With respect to 100% of the total project site presented by the Plaintiff, a purchase shall not be made in excess of KRW 3.3 square meters (per square meter) and KRW 850,000.

Article 4 (Details of Goods Subject to Real Estate Services) The detailed details of goods subject to the service shall be attached to the list of land and buildings indicated in the Do list: Provided, That the price of buildings (houses) shall be appraised.