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(영문) 제주지방법원 2018.11.15 2016가합11956
약정금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) KRW 297,062,005 for the Plaintiff and its related costs on April 18, 2017.

Reasons

1. Facts of recognition;

A. In early 2015, the Plaintiff and the Defendant purchased land by investing in the purchase price. The Plaintiff invested part of the construction cost and constructed a “C” house and sold it in lots and divided the profits therefrom.

(hereinafter “instant electric power resource housing business”). (b)

On July 8, 2015, the Defendant purchased D large scale 1783 square meters in Jeju-si, and completed the registration of ownership transfer on July 30, 2015. The Plaintiff and the Plaintiff divided this land into five parcels and divided it into five parcels, and divided into five parcels and five parcels: D large scale 335 square meters (hereinafter “instant site”), E large scale 335 square meters, F large scale 417 square meters, G large scale 348 square meters, and H 348 square meters into five parcels.

(hereinafter referred to as “each of the instant lands” by aggregating five parcels.

The Plaintiff created each of the instant land as a site and newly built the second floor detached house of general wood structure and general wood structure roof on the instant land (hereinafter “instant housing”). However, the instant housing was not sold in lots.

The Plaintiff and the Defendant failed to carry out the Electric Source Housing Construction Work, and the Defendant completed the registration of ownership preservation in the name of the Defendant on July 4, 2016, and established a mortgage on the instant housing site and the instant housing to the International Association on July 20, 2016. On the same day, four parcels of land, other than the instant housing site, were sold to a third party.

E. During the construction of the instant housing, the Defendant transferred KRW 129,400,000 to the Plaintiff as the construction cost for the instant housing, and KRW 30,000,000 to the dividend advance payment.

In order to pay the construction cost above, the defendant borrowed KRW 119,00,000 from the bank, and repaid the above loan with the sale price of the above four parcels of land.

F. The Plaintiff and the Defendant reached an agreement on the settlement of accounts around September 16, 2016, and the Defendant shall pay to the Plaintiff a total of KRW 200 million by aggregating the profits accrued from the instant electric power resource business and the construction cost incurred by the Plaintiff.

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