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(영문) 수원지방법원 2016.08.11 2015가단48395
약정금
Text

1. The Defendant’s KRW 27,758,345 as well as 5% per annum from November 26, 2015 to August 11, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On September 26, 2005, the Defendant completed the registration of the right to claim ownership transfer with respect to the B apartment Na-dong 502 (hereinafter “instant apartment”) on September 26, 2005. On December 6, 2005, the Defendant completed the principal registration of the right to claim ownership transfer based on the provisional registration.

B. On December 11, 2006, the Plaintiff drafted the following investment agreement with the Defendant (hereinafter “instant investment agreement”).

In investing in the apartment of this case, the defendant and the plaintiff shall prepare two copies of this Agreement under mutual consultation and deliver one copy and implement it.

The plaintiff shall pay for the defendant the amount of KRW 30 million for red loan C of the content of the agreement.

The defendant and the plaintiff intend to equally distribute 50% of the net profits after deducting the total investment cost of KRW 50 million, taxes, and public charges that entered the apartment of this case.

Monthly rent revenue shall be the defendant's revenue.

C. The defendant completed the registration of ownership transfer on October 21, 2009 with respect to the apartment of this case to D on October 21, 2009.

【Ground of recognition】An absence of dispute, entry of Gap evidence 1-1, 2, and 4-2, the purport of the whole pleadings

2. The parties' assertion

A. On October 21, 2009, in violation of the investment agreement of this case, the Defendant, without the Plaintiff’s consent, sold the apartment of this case at his own discretion without the Plaintiff’s agreement, and written a package contract in which the purchase price does not amount to KRW 19 million, which does not amount to KRW 130 million, at the time of the sale of the apartment of this case. As such, the Defendant is obligated to pay to the Plaintiff the remainder of the profit of KRW 80 million, excluding the Plaintiff’s investment amount of KRW 50 million, which is KRW 130 million, at the time of the sale of the apartment of this case, excluding the Plaintiff’s investment amount of KRW 50 million,000,000, and delay damages therefor.

B. Defendant 1 sold the instant apartment to D on October 21, 2009 by setting the purchase price of KRW 19 million. Defendant 1 sold the instant apartment as KRW 5 million on October 22, 2009, KRW 10 million on November 10, 2009, KRW 10 million on intermediate payment, and KRW 7,2150,000 on November 20, 209.

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