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(영문) 대구지방법원 2021.01.13 2019나322352
약정금
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

1. Basic facts

A. On July 4, 2016, the Defendants purchased 63,061 square meters of F forest land in Pyeongtaek-gun, Chungcheongnam-do (hereinafter “instant forest”) from G, the former owner, and completed the registration of the transfer of ownership on July 15, 2016, by purchasing (the transaction value of the registration injury KRW 80 million) from G, which is the former owner (hereinafter “the instant forest”).

H is the father of Defendant B, and I is the mother of Defendant C.

B. On August 2, 2016, the Plaintiff provided the instant forest with the Defendants at the real estate brokerage office operated by H, under the initiative of H, on August 2, 2016, and agreed with the Defendants to conduct the business of collecting marina sand in the said forest and field, and the Plaintiff paid KRW 30 million to the Defendants on the same day. The Defendants prepared a cash custody certificate for the said amount.

(c)

On March 26, 2018, the Plaintiff received a provisional attachment order with respect to the forest of this case as the claimed amount of KRW 30,000,000,000 as the claim amount (which is based on recognition) / [The grounds for recognition] without dispute, entry in Gap evidence Nos. 1, 2, and 3 (which include numbers; hereinafter the same shall apply) and the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff and the Defendants agreed to pay KRW 30 million to the Plaintiff for funds necessary for obtaining permission for gathering marina sand from the competent authority. Upon obtaining permission for gathering marina sand, the Plaintiff and the Defendants entered into an investment agreement on gathering marina sand. If the Defendants did not obtain permission for gathering marina sand within three months, they agreed to return KRW 30 million to the Plaintiff.

However, since the Defendants did not obtain the above permission, they shall jointly and severally return to the Plaintiff KRW 30 million.

② Even if it is not recognized that the above return agreement was concluded, the Plaintiff and the Defendants agreed to return KRW 30 million to the Plaintiff, when rescinding the agreement on the above marina gathering business around June 2017.

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