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(영문) 부산지방법원 2015.11.04 2015가합40282

약정금

Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs concluded a sales contract to purchase the said land from E, the owner of the said land, around November, 201, in order to newly construct an officetel on the land outside D and three parcels of land at the same time. The Plaintiffs acquired the right to permit the new construction of a building and access road from the macrosi, but the Plaintiffs were to waive the purchase of the said land due to differences in opinions on the purchase price with E.

B. Thereafter, the Defendant concluded a sales contract with the content that F, a representative, would purchase the said parcel and the remaining four parcels from E.

C. On August 8, 2014, F Co., Ltd. agreed to obtain the right to permit the construction of the above building and access road from the Plaintiffs, and the Defendant paid KRW 10 million to the Plaintiffs. On August 8, 2014, the Defendant paid KRW 10 million to the Plaintiffs, and on August 8, 2014, the Defendant paid KRW 110 million to the Plaintiffs by October 31, 2014.

) Preparation and delivery was made and made. [The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence 1 to 4, and the purport of the whole pleadings.]

2. The assertion and judgment

A. The Plaintiffs asserted 1) Although the Defendant agreed to pay KRW 110 million to the Plaintiffs up to October 31, 2014, the Defendant did not pay KRW 110 million to the Plaintiffs, the Defendant asserts that the Defendant is obligated to pay KRW 110 million to the Plaintiffs. As to this, the Defendant and the Defendant agreed to postpone the payment period of KRW 110 million, the payment period has not yet arrived, and even if the payment period has arrived.

Even if the defendant has already paid KRW 15 million to the plaintiffs, the defendant asserts that the above KRW 110 million and the above KRW 15 million have a duty to pay KRW 5 million after deducting the above KRW 15 million.

B. According to the reasoning of the judgment of the court below, Eul evidence No. 1, the plaintiffs and the defendant prepared on August 28, 2014 to the plaintiffs on August 8, 2014.