beta
(영문) 서울중앙지방법원 2019.06.13 2018가합540204

위약금 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 2017, the Plaintiff, a company established for real estate development business, sales agency business, etc., was proposed from C to participate in a joint business with respect to the “D, E, F, and G land owned by the Defendant (hereinafter “Defendant-owned land”) and the adjacent land-related medical corporation, H (hereinafter “H”) land owned by the Defendant, as well as the I, J, K, and L land (hereinafter “H-owned land”); and the aggregate of the land owned by the Defendant and H and the land owned by the Defendant, as a joint business entity, to promote the “fresh life and officetel construction project” (hereinafter “instant project”).

B. On October 11, 2017, the Plaintiff’s representative director M and auditor N drafted a written agreement with C as follows:

(hereinafter referred to as the “instant joint project agreement”. (1) The purpose of the project is to provide for the basic matters concerning the rights and obligations of both parties in the joint implementation of the project by Gap (referring to C; hereinafter the same shall apply) and Eul (MN; hereinafter the same shall apply) with respect to the neighboring life and the construction of officetels, which is being promoted on the instant land.

The agreement shall enter into force immediately.

(2) Roles A:

1. Securing of the PF Agreements (Promises) of theO and P 25 billion won;

2. A written consent to land use by H and the defendant (hereinafter referred to as a "seller") and securing a land sales contract;

3. Securing seven delegations (a copy of the PMF agreement) from H-related persons;

4. The additional expenses other than KRW 300,000 paid from B, shall be agreed upon.

5. The amount to be paid 300 million won, to be repaid as the top priority in the event of the occurrence of the PF (payment from the initial input expenses recognized by the trust);

6. 300 million won-use Q. 100 million won-of-the-job sales contract amounting to 100 million won-of-job sales contract amount, design and service cost

7. Matters concerning consultation on the sales agency and the advertising agency;

-A quota (3 billion won out of the land sale price) is confirmed by the seller and then substituted by the designation of the lower-ranking beneficiary.

1. Procurement and enforcement of KRW 300 million;

(b)the establishment, sub-establishment, and sub-establishment, of a development project corporation (land buyer and owner).