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(영문) 울산지방법원 2018.05.24 2017가합24621
약정금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 250 million and the period from May 13, 2012 to September 11, 2017.

Reasons

1. Facts of recognition;

A. On May 13, 2009, the Plaintiff entered into an investment agreement with Defendant B to sell the said land and pay KRW 150 million to the Plaintiff KRW 100,000,000 per square meter per square meter per square meter per square meter (hereinafter “instant agreement”) with respect to KRW 14,726 square meter per square meter per square meter per square meter (hereinafter “G land”), EM 6,417 square meter, and F farm area of KRW 11,26 square meters per square meter (hereinafter “the instant agreement”).

The main contents of the instant agreement are as follows.

1. An investor shall make a registration of establishment of a cost of KRW 150 million on three parcels which are not the registration of ownership transfer;

2. The time of sale shall be within three years after two years and shall be actively cooperation in trading;

3. The range of the following profits shall be 100,000 won per square meter within two years and three years.

4. The portion of capital gains tax shall be sold in the amount of KRW 250,000 per square year within three years after two years, the investor shall bear the capital gains tax according to the tax rate as at the time of sale, and the capital gains tax shall be reduced when selling at least 250,000 won.

5. When sale is not made within three years after two years have elapsed, the current landowner shall purchase the land on the condition above and shall cancel the registration of creation of a neighboring mortgage.

B. In accordance with the instant agreement, the Plaintiff paid to Defendant B KRW 20 million on the same day, and KRW 130 million on June 22, 2009, respectively.

On August 3, 2009, Defendant C jointly and severally guaranteed the obligations under the instant agreement by Defendant B.

C. Meanwhile, Defendant B purchased G land around 2006, but did not complete the registration of ownership transfer at the time of the instant agreement, and completed the registration of ownership transfer on December 10, 2012, and thereafter held it until now.

【Ground for recognition】 The fact that there is no dispute, Gap 1, 2, 3, Eul 2, and Eul 2, the purport of the whole pleadings and arguments

2. According to the above facts of recognition as to the cause of the claim, the instant agreement is concluded.

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