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(영문) 수원지방법원 2020.07.09 2019가단531581

약정금

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1. The Defendant’s KRW 12,375,00 for the Plaintiff and KRW 5% per annum from January 26, 2019 to July 9, 2020.

Reasons

1. Facts of recognition;

A. On January 14, 2015, the Defendant, as the owner of “Syang-gu Goyang-gu C Ground Housing,” applied for the supply of the unsettled housing site to the Korea Land and Housing Corporation in relation to D Housing Site Development Project implemented by the Korea Land and Housing Corporation (hereinafter “instant project”), and was selected as the subject of the first-class relocation measures.

Accordingly, between the Korea Land and Housing Corporation and the Defendant on December 6, 2016, the Defendant entered into a contract with the Korea Land and Housing Corporation to sell migrantss [number E, lot number F, size 246 square meters] from the Korea Land and Housing Corporation to KRW 631,297,00 in the sale price (hereinafter “instant sales contract”).

B. On the other hand, on November 18, 2014, prior to the conclusion of the instant sales contract, the Defendant entered into a contract with G to transfer the right to sell the instant housing site to be acquired by the Defendant in connection with the instant business (hereinafter “instant sales right”) at KRW 75,00,000 (hereinafter “instant one transfer contract”), and received the said KRW 75,00,000 from G on the same day.

C. On December 17, 2014, G entered into a contract under which G again transfers the instant sales right to H (hereinafter “instant two transfer contract”) with H on January 15, 2015, and H entered into a contract under which H transferred the instant sales right to H to H (hereinafter “instant three transfer contract”).

Among the residents selected as the subject of relocation measures in the instant project, several persons entered into a contract to transfer the ownership of the housing site to another person.

After that, the buyer or the subsequent purchaser of the right to sell the housing site was trying to file a lawsuit seeking the implementation of the procedure for changing the name of the right to sell the housing site of migrants, and the number of buyers of the housing site entered into a contract with the plaintiff under the direction of the J to respond to this.

2.3.