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(영문) 수원지방법원평택지원 2017.11.01 2016가합648
대여금
Text

1. The plaintiff's action against defendant D and F shall be dismissed respectively.

2. The plaintiff

A. Defendant B shall be KRW 320 million and this shall not apply.

Reasons

1. Facts of recognition;

A. On July 13, 2009, the Plaintiff and G entered into a sales agency contract with Defendant B regarding their own land as follows:

The Plaintiff and G (hereinafter referred to as “A”) owner of the following indicated real estate (hereinafter referred to as “project site”) enter into a contract for the implementation of development and sale projects with Defendant B (hereinafter referred to as “B”) for the efficient sale and purchase of the project site:

Section 1 (Purpose) This Agreement is aimed at recovering the value of land after selling to a third party (hereinafter referred to as "development and sale projects") by promoting civil engineering and new construction works for the following project areas at the cost of B, and then by mutual agreement with A and B in order to create development costs and profit and recover them, and prescribing the basic matters concerning the rights, obligations, etc. of both parties accordingly.

Article 2 Address 1) Address 1: Land category of Pyeongtaek-si: H-I, J-K, L2: 34 forest land; 19,384 square meters (5,864 square meters of land) cadastral area: 19,384 square meters (5,864 square meters of land): 19,384 square meters (5,864 square meters) land category) B shall complete the entire sale of the said land (land for eight months) within the said project period from July 13, 2009 to March 13, 2010. 1) The sale price of the said land in the said project area shall be 7.5 billion won in total, but the sale price of the said land in the said project area shall be 7.2 billion won in total, and the sale price of land in the Plaintiff and G-owned land shall be settled at the time of development and sale, respectively.

Article 6 (Deposit of Sale Price and Settlement at Time of Unsold Sale) A shall, pursuant to Article 4 of this Agreement, deposit all of the sale price in lots to A as the whole of the sale price is completed within the project period, and shall be determined as the sale price in lots in the name of B in the event of unsold sale in lots within the period, and an order shall be issued to B after settlement with A.

Article 10 (Succession to Obligations) At the same time as this Agreement is concluded, the term loans to the Project (agricultural Cooperatives 2.6 billion won, 100 million won for the Livestock Cooperative 100 million won.

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