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(영문) 인천지방법원부천지원 2019.11.20 2019가합102030

약정금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff’s assertion is a person who owned each real estate listed in the separate sheet (hereinafter “each real estate of this case”). The Defendant was a person who planned to develop the station area area of Bupyeong-gu, Seocheon-si (hereinafter “the planning zone”).

The Defendant purchased the land within the planning zone to proceed with the above development project, and the Defendant intended to purchase each of the instant real estate from among the land to be purchased by the Plaintiff at the highest price. In the future, when the Defendant concludes a sales contract with another landowner at a price higher than the usual sale price of each of the instant real estate when concluding the sales contract with another landowner, the Defendant agreed to compensate for the difference (hereinafter “instant agreement”).

On April 5, 2018, the Plaintiff entered into a contract to sell each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant (hereinafter “instant sales contract”) at KRW 2,067,50,000 (excluding value-added tax; hereinafter the same shall apply). On the same day, the Plaintiff completed each of the instant real estate under the name of the Defendant with respect to the registration of fathercheon Branch Branch of the Incheon District Court and the registration of transfer of ownership on April 5, 2018 as the receipt on April 5, 2018.

(hereinafter) Each of the above registrations of ownership transfer completed under the name of the Defendant (hereinafter “each of the above registrations of ownership transfer”). After that, the Defendant concluded a real estate sales contract at a price higher than the usual sale price of each of the instant real estate with other land owners in the planning zone D, E, etc., but did not inform the Plaintiff of the contents of the sales contract concluded with other land owners, and did not pay the difference between the compensation sea cycle and the compensation sea

Therefore, the Defendant is obligated to pay the Plaintiff the difference between the highest purchase price of the sales contract and the sales price of the instant sales contract, which was entered into with another landowner, and the difference is KRW 10,00,000 per square year. Thus, the Defendant is liable to pay the difference.