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(영문) 서울고등법원 2016.07.26 2015나2019375

약정금

Text

1. All appeals by the plaintiffs and the defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiffs were selected by Sungnam-si, the Korea Land Corporation, and the Korea National Housing Corporation (hereinafter collectively referred to as the “project implementer”) as a person subject to livelihood measures in relation to the E Housing Site Development Project that was implemented around September 2007, and acquired the right from the project implementer to be supplied with approximately 26.4 square meters of the land for livelihood measures (hereinafter “instant right”).

B. On June 7, 2007, Plaintiff A entered into each of the above Plaintiff’s rights to be acquired in the future with Defendant C, and Plaintiff B entered into a sales contract to sell the above Plaintiff’s rights to be acquired in the future with Defendant D each of the above Defendant for KRW 89 million (hereinafter “instant sales contract”). At that time, Plaintiff A received KRW 89 million from the Defendants each of the pertinent sales proceeds. The main contents of the instant sales contract are as follows.

Article 1:Contract for Transfer of Rights to Eight square meters which will be compensated for as a part of the daily countermeasures in the area of housing site development in Seongbuk-gu, Sungnam-si, with the agreement of the seller (referring to the plaintiff; hereinafter the same shall apply) and the buyer (referring to the defendant; hereinafter the same shall apply), shall be entered into as follows:

Article 2 of the purchase price of KRW 89 million: This contract is a sale and purchase contract for the transfer of rights to eight members of the cost of living to be supplied by the Korean Land Corporation for compensation.

Article 4:A seller shall receive, draw lots, conclude a supply contract, provide necessary documents, if necessary, accompany, sign and seal, and transfer ownership to a third party designated by the buyer without immediately requesting a separate money and valuables from the buyer or the third party designated by the buyer when it is possible to change the name from the project executor so that the buyer can smoothly obtain the rights.

Article 6:The seller shall provide the documents required for the re-sale of the above rights according to the circumstances of the buyer.

Article 7: A seller shall waive his/her right on the balance date and shall not thereafter bring about a civil or criminal issue.