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(영문) 대전지방법원천안지원 2016.11.25 2015가합102562
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30 million and the Defendant Sejong Industry Development Co., Ltd. on November 2015.

Reasons

1. Basic facts

A. On July 19, 2012, the Plaintiff entered into an agreement as follows (hereinafter “Agreement as of July 19, 2012”) with the Defendants (hereinafter “Agreement as of July 19, 2012”); and (a) the agreement (Evidence A No. 1) written at the time of the said agreement was “Agreement as of July 19, 2012” (hereinafter “Agreement”).

Plaintiff

The agreement (Evidence A No. 1) owned by the owner is written as “F,” but this is a clerical error in D.

Other 11 lots (land indicated in the attached list) shall be developed into a residential housing site.

(hereinafter “instant development project”). The purchase price of land shall be calculated at KRW 3.7 billion, and the payment of the purchase price shall be made by parcel in order to the Plaintiff in the first priority.

The initial funds necessary for various authorization and permission costs, design costs, removal and civil engineering works shall be 300 million won loan and approved by the plaintiff as collateral for the above land, and the debtor shall be in the name of the defendants.

The repayment of a loan shall be the redemption key after the full payment of the land price is made under the responsibility of the defendants.

The above transfer income tax arising from the sale of land is responsible for the Plaintiff, and the Defendants are responsible for the tax on the benefit portion.

This Arrangement shall enter into force after the date of gold, shall enter into force after obtaining authorization, and shall carry out removal and civil engineering creation projects as soon as possible, and shall enter into force on June 30, 2013.

B. On August 6, 2012, with respect to “Asan City E land,” the Plaintiff set the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 390 million to the YY agricultural cooperatives.

C. On August 7, 2012, the Plaintiff concluded again the following agreements (hereinafter “instant agreement”) with the Defendants, and the agreement (Evidence A No. 2) drafted at the time of the instant agreement was “instant agreement”).

Plaintiff

The agreement (Evidence A No. 2) owned by the owner is written as “F,” but it is a clerical error in D.

The land other than 11 lots (attached Form) shall be developed into a residential housing site.

. Sale and purchase of land;

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