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(영문) 인천지방법원 2018.01.18 2017가단1843
약정금반환
Text

1. The Defendants jointly and severally against the Plaintiff KRW 150 million and against the Defendant B, from January 20, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is the representative of the owners of the land Kimpo-si D (hereinafter “instant land”). On April 15, 2016, the Plaintiff obtained a building permit under the name of E in order to build and sell multi-household housing on the instant land on the instant land, and changed the name of the owner of the building under the name of the Plaintiff and F joint name on April 19, 2016.

B. In order to construct the above multi-household housing, the Plaintiff was introduced Defendant C from G during the process of running the construction business, and upon G’s arbitration, the Plaintiff and the Defendants entered into a performance agreement with respect to the sale and purchase of the instant land and the construction of the said multi-household housing under the name of the Plaintiff and the Defendants.

(hereinafter “instant implementation agreement”). 1. Construction design, supervision, landscape deliberation, and removal expenses for the instant land are liable and arranged by the Defendants.

2. The amount to be paid to the Plaintiff is KRW 1150 million, and the amount to be paid to the Plaintiff is KRW 50 million among which KRW 50 million is paid to the Plaintiff within two months from the date of receiving KRW 1.1 billion.

3. The above total amount shall be paid to the Plaintiff by July 15, 2016. At the same time, the Plaintiff shall hand over all the documents necessary for the registration of transfer of ownership and all the documents necessary for the change of the authorized person, to Defendant B.

4. The Defendants are fully responsible for the redemption fee due to bank loan repayment.

5. As a result of the construction cost, KRW 150 million is to be paid in advance by the Plaintiff to the Defendants.

6. All the costs associated with the construction are borne by the Defendants.

C. The instant implementation agreement was concluded at G’s office, and both the Plaintiff and the Defendants were present at the time, and the content of the instant implementation agreement was organized under the agreement between the Plaintiff and the Defendants, and Defendant B left the said office together with Defendant C while organizing and printing the content thereof through a computer.

However, Defendant B will leave the above office and affix his seal to Defendant C at the time of leaving the office.

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