(영문) 서울중앙지방법원 2015.01.23 2014가단21999

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(영문) 서울중앙지방법원 2015.01.23 2014가단21999

계약금 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Around January 2004, the Plaintiff entered into a contract for the purchase of land between the Plaintiff and C with respect to a collective housing construction project (E new construction project; hereinafter “instant project”) that was being promoted in the Seocho-si D Special Land (hereinafter “the instant project site”) by the Construction Co., Ltd. (hereinafter “Building”) on the land in the said project site and was paid 50% of the gains of implementation from the Construction in the said project site. However, the Plaintiff was offered a proposal to pay 50% of the gains of implementation, which would be received from the said company upon investment in the said project. On January 25, 2004, the Plaintiff entered into a contract with C as follows.

(hereinafter referred to as “A” and “B” are deemed to be “C”). (1) A has entered KRW 7-80,000,000 into a sales contract for the project for the project for the project for the implementation of apartment lots outside Seosan-si, Busan-si, where the construction of the apartment is being implemented.

(2) A, by February 28, 2004, shall transfer the right to a sales contract for the newly constructed construction after completing the sales contract for the land by February 28, 2004.

Provided, That the contract right shall be preferentially paid by A, and the contract right shall be extended to A until it is performed.

In addition, if B fails to comply with this Agreement, it may not raise an objection even if A arbitrarily disposes of it.

(3) A and B shall jointly designate and proceed with a land work service provider, and fully cooperate with B so that A may conclude a land contract.

(4) Eul shall pay Gap 50% of the gains (50%) accrued from construction in the course of implementation to be paid from construction.

(b) Taxes and public charges on the profits shall be borne by each party.

(1) The Plaintiff and C have entered into a consulting service contract and the instant land sales contract (1) around January 2004 pursuant to the said agreement, and the Plaintiff and C have the Plaintiff and C as the contractor, and F and G as the contractor, and the contractor shall be the contractor.

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