약정금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The defendant was promoting multi-family housing projects with the company operating real estate development business, etc., and the Daegu Suwon-gu Seoul-gu Seoul-gu as a project implementation district around 2005.
B. In order to secure the land subject to the project of the above multi-family housing project, the Defendant proposed that the Plaintiff purchased each real estate listed in the attached list in Daegu Suwon-gu C (hereinafter “instant real estate”) on behalf of the Defendant, and that the Defendant borrowed the purchase cost from the Plaintiff, and that the purchase cost should be paid to the Plaintiff later.
C. On September 27, 2005, the Plaintiff consented and paid 247,00,000 won for the instant real estate, which is the owner of D, and 25,000,000 won for the down payment, and 100,000 won for the intermediate payment, October 12, 2005, and 122,00,000 won for the remainder payment, as of October 12, 2005, at the same time as the documents necessary for the registration of transfer of ownership are delivered from D on October 27, 2005. The Plaintiff entered into a sales contract to purchase the instant real estate by “Plaintiff and one other,” and paid the said money to D on each of the above payment dates.
On November 30, 2005, the Plaintiff and the Defendant paid the Plaintiff KRW 494,00,000,000 (hereinafter “instant contract amount”) within one year from the date of approval for the redevelopment project on the said apartment business, and the Plaintiff agreed to pay the said money until June 30, 2007, even if the approval for the redevelopment project was delayed.
E. Accordingly, on December 2, 2005, the registration of ownership transfer was made from D on September 27, 2005 on the instant real estate on the ground of sale as of September 27, 2005.
F. The Defendant did not obtain the approval of the above redevelopment project until now (hereinafter “instant approval”).
【Ground of recognition】 The fact that there has been no dispute, Gap 1-4 evidence, Eul 1 evidence, defendant representative director's personal examination result, purport of whole pleading
2. The primary claim;