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(영문) 창원지방법원 2017.09.28 2017가단653
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from December 27, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On August 4, 2016, the Plaintiff entered into a contract with the Defendant to act on behalf of the Defendant for the purchase of the project site (hereinafter “instant service contract”) in order to implement the apartment housing construction project on the land outside B and 28 parcels and the State-owned land (hereinafter “instant project site”). The main contents of the contract are as follows.

On the same day, the Plaintiff paid KRW 50,000,000 to the Defendant, and paid KRW 5,000,000 to the licensed real estate agents C on November 18, 2016.

Article 2 Contents of Contracts (Scope of Services and Services): The content of the Services shall be responsible not to interfere with the conclusion of this Agreement and the execution of ownership transfer registration procedures after obtaining approval for the business necessary for the selection of the site necessary for the implementation of the construction of apartment houses in the instant project site and for the purchase of the said project site by proxy and for the Plaintiff’s approval for the use of land by proxy and for the Plaintiff’s approval for the project site, and after obtaining approval for the business to submit a written approval for the use of land and a certificate for the Plaintiff’s approval for the approval of the project site. - The contents, scope, and type 1 of the reports to be submitted shall be required for the establishment of the said site as the site for the apartment construction site, to submit a preliminary basic investigation and the first task execution report and the third report (any documents necessary for the prior investigation into the project site and the first report submitted to the Plaintiff for the project site’s approval and the purchase and sale price

(2) The Defendant secured 80% of the total project site within the scope of the purchase price (as approximately KRW 9.6 billion) agreed with the Plaintiff and concluded and submitted a real estate sales contract with each real estate owner (as a result, 5% of the total land price).

The defendant secured 95% of the total project site within the scope of the purchase price agreed with the plaintiff, and entered into a real estate sales contract with each real estate owner (10% of the land amount). The defendant is the plaintiff.

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