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(영문) 의정부지방법원고양지원 2015.06.25 2013가단24248
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 18, 2008, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 2.3 billion with Dongbcheon-si, Gyeonggi-do, C, D 152,791 square meters owned by the Defendant (hereinafter “instant real estate”).

B. Around April 3, 2009, the Defendant obtained permission for the conversion of the instant real estate from Dongducheon-si.

C. As the Plaintiff failed to pay any balance under the above sales contract, around September 1, 2009, the Plaintiff and the Defendant delayed the payment date until December 30, 2009, and if the Plaintiff and the Defendant fail to pay any balance not later than that time, they were notarized by agreement on the waiver of the contract deposit, design cost, public charges and other expenses, and E and F were present as the observer.

F on February 24, 2011, the Plaintiff drafted an agreement with the following contents regarding the instant real estate:

(hereinafter referred to as the “Agreement”). The location of the agreement: F A on February 24, 2011, which is an agreement on February 24, 2011, to pay the amount of KRW 60,000,000 to A after the change of the authorization and permission to B; 1) a person who is changed from A after the change of the authorization and permission to B;

E. Permission for mountainous district conversion of the instant real estate was changed from the Plaintiff around April 18, 201 to the name of the Defendant.

F. Since then, F prepared a letter of payment stating that the Plaintiff would pay KRW 60 million to the authorization and permission of the instant real estate by June 30, 201, and that the Plaintiff would pay KRW 10 million to the Plaintiff by July 12, 2011, which was after the payment of KRW 10,000,000, and that the Plaintiff would pay KRW 50,000 to the Plaintiff by July 30, 201. On March 2, 2013, F drafted a letter of payment stating that the Plaintiff would pay KRW 50,000,000 to the Plaintiff by April 20, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination

A. The plaintiff's assertion concludes the instant agreement on behalf of the defendant F, a representative of the defendant, on behalf of the defendant.

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