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(영문) 의정부지방법원고양지원 2015.11.20 2014가합56607
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 202, the plaintiff, the defendant, and the non-party C, D, E, and F (hereinafter "six persons including the plaintiff, etc.") agreed to jointly purchase the land for the accommodation facility development project in G from the Korea Land Corporation and sell them in installments (hereinafter "the agreement in this case"). The share ratio among the partners under the agreement in this case is 6%, the defendant, the non-party C, the Eul, and the non-party C, the E, the E, the E, and the F 25%.

B. On July 18, 2002, the Plaintiff et al. purchased KRW 18,502,470,000 from the Korea Land and Housing Corporation in the amount of KRW 18,502,470,000, G land, G site (hereinafter “instant land”).

C. Six persons including the Plaintiff, etc. are attached to Nonparty I and 15 on September 13, 2002.

1. As shown in the list, the above G site was divided in total in KRW 20,913,050,000, and the share transfer registration was completed.

Plaintiff

On June 18, 2004, six persons: (a) completed each share transfer registration with respect to the land JJ 73,828.3 square meters, which was the land after the instant land was divided into the land for accommodation development projects in G; (b) however, the shares 2,148.7/3 of the shares in the Plaintiff’s name among the shares 4,422.9/7/7, 73,828.7/3 of the shares in the Plaintiff’s name (hereinafter “instant shares”) were the shares of Nonparty K, who arranged the land purchase and sale pursuant to the said project, and K renounced renounced the said shares.

E. On December 26, 2003, the Plaintiff sold the instant share in KRW 1,300,000 to the Defendant as of December 26, 2003, the Defendant paid the Plaintiff the purchase price in lump sum and received it from the Plaintiff on the same day, and the said purchase price is jointly used by C, D, E, and F, a joint guarantor, and the Plaintiff jointly and severally liable with the Plaintiff for all of the liability for the transfer of land ownership, and the transfer income tax is written under a real estate sales contract (hereinafter “instant sales contract”) with the purport that the Plaintiff would bear the Plaintiff’s expense, and on the same day, the Plaintiff is the Defendant’s share purchase price.

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