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(영문) 인천지방법원 2019.07.03 2018가단209255
약정금 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

. The sales contract was concluded to purchase 66/33 and 299 shares among T land, and O land amounting to 66 million won, and paid 2.5 million won to P as down payment on July 5, 2004 and 63.5 million won for remainder on July 12, 2004.

E. On September 9, 2015, D(A), J(B(B), and Defendant (A) drafted an Iririth road contract concerning the construction and use of a road on a non-U parcel of land (hereinafter “instant road contract”) and the development of the whole parcel of land (hereinafter “instant contract”) on the condition that the J, etc. would pay to D KRW 250 million on the condition that a road is created and used jointly.

The main contents of the above contract are as follows:

A shall create U, X, and S as a road and use them jointly with B.

A and B shall jointly purchase O and develop S with a 6-meter road.

A and B shall reflect all the expenses incurred in development activities, such as cadastral survey, division, cadastral announcement, authorization and permission, development charges, etc., to create roads to M.

*A road site toM shall be created as a road in cadastral map and shall be publicly notified as a road.

A receives KRW 250,000,000 from B under the conditions of building roads and jointly using roads, and 600,000 from B shall be sold to C at the average of KRW 300,000 per 30,000.

(The shares in the road on the entire site shall be free of charge, see also the provisional division). (Omission)

5. Party A shall gratuitously transfer road shares to Party B so that they may engage in development activities.

S 20 square meters, X* (Unwritten uncertainty), U 10 square meters, Y Road Parts (1/2), T Road Parts (1/3)

6. V and C in U to solve all problems when the entry interfered with by the Plaintiff.

7.O shall be jointly purchased and made into a road six meters, Eul shall transfer the name of 150 square meters for Byung and Byung shall pay KRW 400,000 per square meter for seventy-five square meters for Byung.

(Omission)

F. Meanwhile, on October 27, 2015, the Plaintiff, D, and Defendant agreed on the construction of roads as follows.

(hereinafter “instant agreement”).

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