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(영문) 수원지방법원성남지원 2016.09.27 2015가단27766
약정금
Text

1. The Defendants jointly share the Plaintiff KRW 69.2 million and each year from October 1, 2014 to September 27, 2016.

Reasons

1. Basic facts

A. On March 4, 2014, the Plaintiff entered into a contract with Defendant B (the Defendants are inter-Korean buyers) to purchase KRW 3473 square meters (hereinafter “instant land”) of 850,000,000 (hereinafter “instant sales contract”).

The content of the contract at KRW 60 million paid on the day, the intermediate payment of KRW 70 million on March 12, 2014 (However, as a special agreement, the intermediate payment was agreed to pay at the time of completion of the installment registration), the balance of KRW 720 million, “the Plaintiff received bank loans after the acquisition of the development act and the completion of civil works,” and the Plaintiff paid the Defendants the down payment amount of KRW 60 million on the day of the contract.

However, the buyer in the contract(A evidence 2-1) prepared at the time was named in the name of E and F (G that introduced the instant land to the Plaintiff) as the Plaintiff’s wife.

B. On April 9, 2014, the instant land was registered in installments in Defendant C’s future. However, in order to obtain permission to engage in development activities on the instant land, it was found that it was practically impossible to obtain permission to engage in development activities on the instant land on the grounds that the gradient should be lower than 17.5 degrees, but the gradient of the instant land is higher than that of the instant land.

C. After that, on May 13, 2014, the Plaintiff received a promissory note of KRW 100,000,000 (hereinafter “instant promissory note”) from Defendant B on September 30, 2014, with respect to the instant land, and transferred KRW 100,000,000 to Defendant B after being established with respect to the instant land with the maximum debt amount of KRW 100,000,000,000,000 to Defendant B.

In addition, the Plaintiff and Defendant B drafted a sales contract (No. 8-1) for the instant land on the same day, and the date of preparation on the contract was written on March 4, 2014 when the first contract was concluded, but the buyer under the sales contract was changed to the Plaintiff and indicated it.

【Ground for recognition】

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