Text
1. The plaintiff's appeal and the plaintiff's claim which is selectively added in the trial are all dismissed.
2. Appeal;
Reasons
1. Basic facts
A. On April 11, 2006, the Plaintiff entered into a land purchase agency agreement between the Plaintiff and C and the Plaintiff on the instant real estate sales contract (1) with respect to the apartment construction project on April 11, 2006, in order to promote apartment construction project, the Plaintiff entered into an apartment building construction project (hereinafter “instant project”) on the Guri-si and 30 lots, with a land purchase agency agreement with C to act as an agent for the purchase of the relevant project site.
(2) C은 2006. 4. 14. E과 공동으로 대승실업 주식회사(후에 상호가 ‘디에스네트웍스 주식회사’로 변경되었는바, 이하 구별하지 않고 ‘대승실업’이라 한다)와 이 사건 사업부지의 일부인 구리시 F 외 14필지 약 2,140평 (이하 일괄하여 ‘이 사건 부동산’이라 한다)에 관하여 아래와 같이 매매대금을 77억 원으로 하는 매매계약(이하 ‘이 사건 매매계약’이라 한다)을 체결하고, 같은 날 원고로부터 계약금 15억 원을 교부받아 대승실업에게 지급하였다.
A sales contract (A) and both the buyer (B) shall enter into a sales contract for the purpose of constructing multi-family housing with respect to the real estate in this case at the request of "B" as follows:
(1) The purchase price shall be KRW 7.7 billion.
(2) The down payment of one billion won shall be paid at the time of this contract.
(3) From the date of this contract, A shall take over the amount of debt (2.5 billion won for old agricultural cooperatives) and shall pay interest on the amount of debt plus interest thereon.
(4) Any balance of 3.7 billion won shall be paid up to June 25, 2006.
[A] In the event that the remainder is not paid by June 25, 2006, the full amount of the down payment shall be attributed to A and B shall not be subject to any civil or criminal objection. Article 7 [Matters of special agreement] ① Upon the completion of the payment of the down payment of the down payment, “A” means a written consent to land use (such as an authorization for permission and a written consent to draft a district unit, etc.) to B.