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(영문) 서울동부지방법원 2014.12.09 2013가합105210

약정금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 27, 200, the Defendant concluded an enforcement contract with the Preparatory Committee for the Establishment of the Non-Party Housing and the District Housing Association for the purpose of constructing and selling the apartment and commercial buildings in Seongdong-gu Seoul Metropolitan Government D D (hereinafter “instant project”) with the purpose of conducting the business of constructing and selling the apartment and commercial buildings (hereinafter “the instant project”) on October 27, 200, under which the Defendant is delegated the authority to implement the instant project as an agent for the implementation of the instant project with the content that the Defendant would become the local housing association under the Housing Act after obtaining authorization for establishment from the head of Seongdong-gu Seoul Metropolitan Government on October 18, 2007; hereinafter “Non-Party Association”).

B. On October 25, 2006, the Defendant entered into a pre-sale agreement with the Plaintiff on the apartment (49 square meters) that will be sold in the future from the non-party partnership in accordance with the instant project on October 25, 2006 in order to use the land for purchase in the process of purchasing the instant project site, and entered into the sales contract immediately after the completion of the general sale contract, and received a payment in total of KRW 350 million from the Plaintiff on November 30, 2006, including KRW 10 million on the day of the contract, KRW 150 million on November 8, 2006, and KRW 350 million on November 30, 2006.

Since then, on June 29, 201, Plaintiff A pays 436,000,000 won in lump sum, excluding the land price (35,000,000,000) already paid out of KRW 786,00,00 of the total purchase price of KRW 502,00,00 between the non-party union and the non-party union around June 29, 201, and confirmed that this contract will be concluded on or around October 201.

"" prepared a written confirmation and paid the above 436,00,000 won to the non-party partnership. On August 17, 2012, the non-party partnership entered into a sales contract with the non-party partnership as to the above 101 Dong 502.

C. In addition, the defendant on August 2007 to use the land in the process of implementing the project in this case for the purpose of purchasing the land for the project in this case.

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