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(영문) 서울북부지방법원 2016.10.27 2015가합2373
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 101,734,986 to the Plaintiff (Counterclaim Defendant) and its related amount from October 1, 2014 to May 14, 2015.

Reasons

1. Basic facts

A. On September 9, 2006, the Plaintiff and the Defendant, the husband of the Defendant, and C, the husband of the Defendant, are the land of Yangcheon-gu Seoul Metropolitan Government E and F (hereinafter “instant land”).

(2) A sales contract was concluded to pay 1 billion won on December 9, 2008. The contract deposit amount of KRW 80 million on the date of the contract; KRW 250 million on the date of the first intermediate payment; KRW 250 million on November 9, 2006; the second intermediate payment of KRW 250 million on November 9, 2006; the remainder of KRW 500 million on December 9, 2008; the contract deposit amount of KRW 80 million on the date of the contract; and the first intermediate payment of KRW 250 million on October 9, 2006; KRW 30 million on the land purchase price of this case; KRW 1.3 billion on the land of this case, the Plaintiff paid KRW 1.6 billion on the land of this case directly to C; and the Plaintiff paid KRW 300 million on October 1, 2001 on the land of this case; and the Plaintiff paid KRW 1.3 million on the land of this case 1.6 million on the land of this case.

On November 9, 2006, the second intermediate payment payment date, the Plaintiff and C paid to D KRW 125 million each.

3) At the time of the payment of the second intermediate payment as above, the Plaintiff and C decided to withdraw from the partnership relationship after the Plaintiff transferred 1/2 equity interest to H, 1/4 equity interest of the Plaintiff’s wife, and C transferred 1/2 equity interest to the Defendant, and accordingly, the Plaintiff, Defendant, H, and I agreed to construct and sell multi-family housing on the instant land (hereinafter “instant partnership agreement”).

As seen in paragraph (4) below, H concluded the instant business agreement on November 6, 2006, deeming that it was possible for H to pay the Plaintiff money equivalent to its share of the purchase price of the instant land, and that the instant business agreement was concluded prior to the payment of the second intermediate payment, and at latest, real estate.

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