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(영문) 서울고등법원 2016.01.15 2015나2008917

약정금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B on September 1, 2000, the land of this case was purchased and sold 1) B

C) 24,443 square meters prior to the Namyang-si, Namyang-si (hereinafter “instant land”).

(B) 12.9395 million won (the subsequent purchase price has been reduced to KRW 12.539 billion).

3) The sales contract was sold (hereinafter “instant sales contract”).

(2) On March 31, 2003, D had completed the registration of ownership transfer in the direction of sampling on the instant land. (3) At the time of the instant sales contract, D had performed the relevant business, such as performing a representative role as B, and in return, received from B a payment of KRW 72 million,00,000,000, which is calculated to the extent of KRW 10,000 per square meter for the instant land (around 7394 square meters) from B.

3) The Plaintiff initially deemed to be able to construct apartment buildings on the instant land, and the Plaintiff’s construction work to secure apartment sites and land to be used as access roads by persuadeing owners of the instant land and its surrounding land and owners of the land without permission on the said land to sell real estate owned by them (hereinafter “land work”).

(2) On July 7, 201, a number of land owners, including B, expressed their intention to sell to the Plaintiff, and the Plaintiff introduced the instant land into the sampling site of apartment construction through I, and the sampling concluded the instant sales contract with B through the Plaintiff’s brokerage by deciding that the construction of apartment with the instant land as its main site would be reasonable. (b) B, upon promising D to pay KRW 30 million to the Plaintiff at the Seoul Central District Court in fact during the process of concluding the instant sales contract, even if D promises to pay KRW 48 million to the Plaintiff as brokerage commission, the Plaintiff paid KRW 52 million as compensation for damages.