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(영문) 대전지방법원공주지원 2019.06.12 2018가합20039

약정금

Text

1. The Defendant’s KRW 16,500,000 for the Plaintiff and 6% per annum from February 10, 2018 to June 12, 2019.

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of housing site development business, real estate leasing business, etc.

B. Around July 2016, the Plaintiff entered into a partnership agreement with the Defendant with the content that the Plaintiff and the Defendant would jointly promote the business of purchasing and selling part of the size of C forest land 46,116 square meters in the name of the Defendant and creating and selling the land in the name of the Defendant (hereinafter “instant partnership agreement”).

C. In the first place, C Forest land 46,116 square meters was registered in the future among the members of the clan D, and the cause of the clan E entered into a sales contract with the said clan to sell approximately 5,500 square meters out of C Forest land in the first place to the Plaintiff on July 30, 2016, among C Forest land 46,116 square meters from the said clan, the said clan entered into a sales contract to sell approximately 5,500 square meters to the Plaintiff out of C Forest land in the first place on August 3, 2016.

Meanwhile, around December 2, 2016, C Forest land 46,116 square meters was divided into C Forest land 24,653 square meters, F Forest land 3,917 square meters, G forest 17,546 square meters. Of them, C forest land 24,683 square meters was registered as H forest land 24,362 square meters (hereinafter “instant real estate”) around July 5, 2017.

E. From December 18, 2016, among Class D, the registration of ownership transfer was completed in the future of the Defendant on the grounds of sale on December 3, 2016 with respect to the above C Forest, G Forest, and I Forest, as to the above C Forest, G Forest, and public forest, and public forest. On the same day, the Defendant completed the registration of ownership transfer in the J-based corporation on the grounds of sale on December 2, 2016 with respect to the above G Forest and I Forest on the same day.

F. While the Plaintiff, along with the Defendant, was running a housing site development project on the instant real estate pursuant to the instant trade agreement, he/she decided to withdraw from the partnership relationship on May 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 15, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.