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(영문) 울산지방법원 2020.10.29 2019나11586
약정금 등
Text

1. Of the judgment of the court of first instance, the amount of order for payment under the following Paragraph (2) concerning the part concerning the principal lawsuit and the counterclaim.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff A was an auditor of the Electric Source Housing Development, the real estate consulting business, and the Plaintiff B, the real estate consulting business entity, E (hereinafter “E”).

B. While the Plaintiffs promoted a project to develop the “F” as a golf range or a site for electric power supply, the Plaintiffs are going to promote a project to build a golf range (hereinafter “instant project”) in cooperation with G, because it is difficult to obtain permission for development activities, etc. from Yangsan-si. G purchased from owners of land I, J, K, K, L, M, and N outside H in Yangsan-si on February 2014, and obtained permission for the construction of a golf range of 4th above ground level on the said purchased land from Yangsan-si-si-si-si-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-sale-

C. G decided to waive the above business, and on January 26, 2015, G received KRW 200 million in return for the waiver and transfer of business rights from the Plaintiffs who continued the business with themselves, but if a third party implements the business, G prepared a comprehensive statement of waiver of business (Evidence A No. 4) with the content that the third party would receive the above KRW 200 million from the third party, and issued it to the Plaintiffs.

After G’s abandonment of the instant business, the Plaintiffs were the person to take over the said business, and the Plaintiff, an agent, had a consultation on the sale of the said golf practice course site and the right to permission.

E. In the course of consultation with theO, the Plaintiffs agreed to pay the total purchase price of the site related to the instant project (AB, U, H, Z, Z, Z, P, K, K, Q, Q, R, S, T, L, L, and X’s 14 lots; hereinafter “instant project site”), W, F, and X as KRW 2.7 billion. The Defendants directly paid the said purchase price when concluding a sales contract with the owners of the said project site.

In addition, with respect to the shares of ten parcels owned by E in the above project site, the actual purchase price shall be 218,240.

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