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(영문) 서울동부지방법원 2016.08.26 2015가단16379
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On September 2007, the Plaintiff acquired the right to be supplied 6 minutes of the cost of living (hereinafter “the right of this case”) from the primary project implementer, as the Plaintiff was selected as the subjects of livelihood measures related to the D Housing Site Development Project implemented by Sungnam-si, the Korea Land Corporation, and the Korea National Housing Corporation (hereinafter “project implementer”).

Article 1:Contract for Transfer of Rights to six years which will be compensated for as a site for countermeasures within the Housing Site DevelopmentD in Sungnam-si, and the following contract shall be entered into with the Plaintiff and the Defendant:

Article 2 of the purchase price of KRW 67 million: This Agreement is a contract for the transfer of rights to six members of the daily life countermeasure site that the Plaintiff would be supplied with compensation from the Korea National Housing Corporation. Article 4 of the Act provides that the Plaintiff shall receive, draw lots, conclude a contract for supply, provide necessary documents and accompanying, sign and seal so that the Plaintiff may smoothly receive the right, and if it is possible to change the name of the project implementer, the Plaintiff shall transfer the ownership without demanding a separate money from the Defendant or a third party designated by the Defendant

At this time, the transfer tax on the land supplied by the executor shall be borne by the defendant.

Article 6: The plaintiff shall provide documents necessary for the re-issuance of the above rights according to the defendant's circumstances.

Article 7: The plaintiff waives his/her right on the balance date and does not bring about a civil or criminal issue thereafter.

Special agreement: The transfer tax on the land for livelihood measures supplied by the implementing company shall be borne by the defendant, and the plaintiff agrees without any justifiable reason to the amount reported by the defendant.

On May 15, 2007, the Plaintiff entered into a sales contract (hereinafter “instant contract”) with the Defendant to sell the right of this case to the Defendant amounting to KRW 67 million, and received the payment from the Defendant around that time. The main contents of the instant contract are as follows.

A project operator shall be the same as the attached Form.

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