beta
(영문) 서울동부지방법원 2017.06.08 2016가단115631

약정금

Text

1. The Defendant’s KRW 157,00,000 and the Plaintiff’s annual rate of KRW 5% from April 2, 2013 to June 8, 2017.

Reasons

1. Facts of recognition;

A. On July 20, 2009, the Plaintiff purchased from the Defendant the entirety of the greenhouse houses and farming rights from the Defendant in Songpa-gu Seoul, Seoul, in order to receive a cost of living to be paid to the operator of a vinyl house for cultivating vegetables within the housing site district from the Korea Land and Housing Corporation, which is the housing site development business of Songpa-gu Seoul, Seoul, in order to receive a cost of living. The Defendant shall manage and cultivate the facilities between the Defendant and the Defendant. The Defendant shall cooperate with the management and farming of the facilities at the time of the completion of compensation due to other public works, as well as with all other administrative supplementary documents (e.g., guarantee, guarantee, etc.) and the Defendant shall receive the compensation from the Defendant. If the Plaintiff is unable to be supplied with the cost of living, the Defendant shall return the said principal amount of KRW 160,000,

(hereinafter “instant sales contract”). B.

The Plaintiff considered the amount that was remitted to the Defendant prior to the instant sales contract as the purchase price and decided to substitute the payment in lieu of the purchase price, and the remainder KRW 10 million paid to the Defendant on December 10, 2009.

C. On January 3, 2006, the base date (the date of announcement for resident inspection, etc.) of the Korea Land and Housing Corporation’s E district Seoul Songpa-gu Residential Countermeasure Site was the date of notification for resident inspection, and the Plaintiff was not selected as the person eligible for the supply of living countermeasure site from the Korea Land and Housing Corporation until April 1, 2013, which was the final point of time for selecting the person eligible for the supply

[Reasons for Recognition] The facts without dispute; Gap evidence Nos. 1, 2, 5-1, 2, and 5-2 of the evidence Nos. 2, Eul evidence Nos. 1 and 2; the result of each fact inquiry to the Korea Land and Housing Corporation by this court; the purport of the whole pleadings

2. The Plaintiff was not selected as a person eligible for the supply of a cost-of-living site from the Korea Land and Housing Corporation until April 1, 2013, which was the final point of time for the selection of a person eligible for the supply of a cost-of-living site, and thus, pursuant to the instant sales contract