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(영문) 대전지방법원 홍성지원 2021.03.17 2020가단2861
약정금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. B entered into a contract with the Defendant and D on September 3, 2019 on behalf of the Republic of Korea-style A on behalf of the Defendant and D:

A Future provides E and two parcels, and D constructs Korean-style houses on the above land, and the defendant shall invest in full the expenses related to the above construction.

When the construction permit (approval for use) has been completed on the land above, it shall be paid to D within one month from the date of approval for completion, and the defendant shall pay the land price (one hundred million won per one house) to A by lending or borrowing the bank, or selling it in lots.

B. After doing so, A provided the above land, and D started construction for the construction of hanok on the above land.

(c)

However, the construction of the hanok was suspended, and the use of the hanok was not approved.

(d)

A There is a claim equivalent to KRW 100 million against the defendant in accordance with the agreement entered into with the defendant.

Appellant, the instant lawsuit was filed.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The party's assertion and judgment

A. (i) When the Plaintiff’s assertion was completed, the Defendant is obligated to pay the Plaintiff the land price of KRW 100 million equivalent to the Hanok-ro 1, in accordance with the agreement as above (see, e.g., Supreme Court Decision 200 million, supra). The Defendant’s argument was not completed, and the construction was not completed due to the Plaintiff’s non-cooperation.

Since the terms of "approval for use" stipulated in the above agreement have not been achieved, the defendant is not obligated to pay the land price to the plaintiff.

B. According to the above Convention, when the construction permit (approval for use) has been completed after completion of the building on the above land, there is a duty to pay the land price (one billion won per year) within one month from the date of approval for completion.

In this regard, the defendant did not complete the above-mentioned construction and did not complete the construction.

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