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(영문) 서울남부지방법원 2018.09.14 2017가단251827

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 engaged in a licensed real estate agent business with the trade name “D” in the Yangcheon-gu Seoul Metropolitan Building, and the Defendant served as the office at the Plaintiff’s office from around 1999 to May 2012.

B. At the time, a building registered only in the Seoul Special Metropolitan City’s site and a worn-out unauthorized building were acquired through consultation with the Seoul Special Metropolitan City project, a special right to sell apartment houses was granted to the owner of the building, etc., and the Plaintiff and the Defendant agreed to have one-half of the profits accrued from the purchase of the above real estate by joint investment and the second sale of the real estate (hereinafter “instant agreement”).

C. The Plaintiff and the Defendant introduced Jongno-gu Seoul Jongno-gu Seoul F apartment G (hereinafter “F apartment”) from E and purchased it in the name of Defendant H. Thereafter, due to the F apartment green belt creation project, the urban planning project of Seoul Metropolitan Government, F real estate was acquired through consultation, granted H the eligibility to apply for special supply of national housing, and H sold the Mapo-gu I apartment Jho (hereinafter “instant apartment”) to KRW 246,886,00 on May 17, 201, and acquired the ownership of the said apartment on January 11, 2011.

On August 7, 2016, H sold the apartment of this case in KRW 530 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, Eul evidence Nos. 3, 5, and 6, the purport of the whole pleadings

2. The parties' assertion

A. In accordance with the instant agreement, the Plaintiff and the Defendant purchased K apartment from E by bearing half of the purchase price, and the Defendant did not have the right to move in, and again, purchased the right to move in from E to E in F apartment amounting to KRW 85 million. On December 26, 2005, the Plaintiff transferred KRW 38.5 million to E on December 26, 2005. Since the change in the name of the right to move in is possible only in the future of the household with no house, the Defendant’s domicile in Guro-gu Seoul Metropolitan City, where the Plaintiff’s domicile is his domicile.