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(영문) 춘천지방법원 2019.07.24 2018가합51297
약정금
Text

1. Defendant C’s KRW 223,890,910 to Plaintiff A, and KRW 29,848,710 to Plaintiff B, and each of them from December 12, 2018.

Reasons

1. Presumed factual basis

A. Defendant D’s agent for concluding a sales contract by the Defendants: (a) Defendant C’s agent for real estate brokerage was seeking information from Defendant C that the cost of Hongcheon-gun Eri, Gangwon-do, which was suitable for the site of the golf course; and (b) the F Co., Ltd. (hereinafter “F”).

2) On the other hand, the Plaintiff recommended the above E-Ri as a new site for a golf course. 2) F entered into a service agreement with Defendant D and Defendant D to pay KRW 300,000 as a performance bonus for the purpose of purchasing approximately KRW 400,000 of the E-Ri.

3) Defendant D would have divided half of the performance bonus of KRW 300 million with Defendant C. From around 2006 to around 2009, Defendant C recommended to sell land to Eri-ri residents, and entered into a sales contract on behalf of F. B. The Plaintiffs sold the land in this case. (B) Plaintiff A owned KRW 7,778 square meters (hereinafter “G land”) prior to the Gangseo-gun Hongcheon-gun G (hereinafter “G land”) and Plaintiff B owned KRW 1,514 square meters of H land (hereinafter “H land”) and KRW 12,694 square meters of specific forests and fields prior to the division.

2) On July 10, 2007, Plaintiff A entered into a contract with Defendant D, who was represented by F in its name as a buyer, to sell KRW 1583 square meters of G land in KRW 40 million, and on April 30, 2008, to sell the remainder of KRW 6195 square meters of G land in KRW 281 million. 3) Plaintiff B entered into a contract with Defendant D who was represented by F on July 10, 2007, selling KRW 6493 square meters of 12,694 square meters of 12,694 square meters of 12,694 square meters of I forest land before division with Defendant D and Defendant D who was represented by J on April 30, 208, selling KRW 69 million of land in KRW 69 million.

4) On June 10, 2009, 12,694 square meters of I forest was divided into 6,201 square meters of I forest and 6,493 square meters of K forest and 6,493 square meters of K forest (hereinafter “K forest and 6,493 square meters,” and “the instant land” collectively with G land and H land.

(5) The Plaintiffs received full payment of the purchase price from the F, and on December 4, 2008, the G land.

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