beta
(영문) 의정부지방법원 2018.11.28 2017가단127425

추심금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 15, 2009, with respect to the share of 908.6/1712 in the name of Defendant B among the share of 1712 square meters in Gyeonggi-gun, Gyeonggi-do, Gyeonggi-do, 1712 square meters on July 15, 2009, the registration of ownership transfer was completed in the name of Defendant C with respect to the share of 803.4/1712 square meters in the name of Defendant C, the name of Defendant B with respect to the above FF, the name of Defendant B with respect to the share of 501 square meters in the above G forest, and the ownership transfer registration was completed in the name of Defendant C with respect to the above G forest

(2) On April 10, 2015, the Defendants entered into a sales contract with D Co., Ltd. (hereinafter “instant company”) with respect to each of the instant land (hereinafter “instant sales contract amounting to KRW 200 million on the date of the contract, the intermediate payment of KRW 350 million on May 11, 2015, and the remainder of KRW 600 million on June 30, 2015), with the following special agreement.

(A) This sales contract shall be purchased by the buyer to build an urban agriculture farm and a manufacturing factory for agricultural materials. (b) The seller shall bear all the costs of civil engineering works of this sale and purchase land, and the buyer shall bear only the costs of the building permit.

C) The buyer’s assumption of obligations, including an intermediate payment of KRW 850,000,000,000,000,000 on the subject matter of this sale, should be paid before June 30, 2015, when the title transfer of this land takes place on the part payment slip and the balance is paid on the part payment slip.

E) The remainder date may be advanced under mutual agreement, and various public charges imposed on the land prior to the remainder date shall be borne by the seller. 3) Meanwhile, on May 22, 2015, the instant company and the Defendants made an agreement with respect to the development and sale of each of the instant land (hereinafter “instant agreement”).

The limitation of liability of the company of this case under the Agreement shall be determined as follows:

① A permit is granted after completing permission for development of each of the instant lands.