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Reasons
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(영문) 서울중앙지방법원 2017.06.29 2016가합513826
약정금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 10, 2006, the Defendant purchased the Defendant’s instant land and building, which was newly constructed on the Goyang-gu, Seoyang-gu (hereinafter “instant land”) and the unbuilt building (the 3th floor of the entire 11st floor was in progress at the time of completion; hereinafter “instant building”).

B. 1) On March 21, 2008, E purchased the instant land and buildings from the Defendant at KRW 8 billion (a contract amounting to KRW 5 billion, and a balance KRW 7.5 billion) (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).

(2) In the event that the instant sales contract is terminated, the contractor entering into the construction contract with E or E shall waive all the rights, such as the claim for construction cost and lien, of the entire construction works in progress with the instant land and building, and deliver the said contract to the Defendant in the present condition (hereinafter “instant waiver agreement”).

(2) On April 24, 2008, E paid a down payment of KRW 500 million to the Defendant on the date of the contract, and E entered into the instant contract for new construction works with the F Co., Ltd. (hereinafter “F”) and the construction cost of KRW 3.3 billion, and the construction period of KRW 1.3 billion from May 1, 2008 to October 30, 2008.

3) The Plaintiff’s installation work among F on April 16, 2008 and the new construction work of the instant building (hereinafter “instant subcontracted work”).

(C) the contract amount of KRW 420,000 (excluding value-added tax), the period of construction from July 2008 to October 2008, with respect to the contract amount of KRW 420,000 (hereinafter “instant subcontract”).

4) However, around December 10, 2008, F discontinued the construction of the instant building.

C. Around April 24, 2009, the Defendant agreed on construction of the instant building, etc., and around April 24, 2009, submitted to G the power of attorney stating, “The Defendant shall delegate to G the instant building owner the right to construct the instant building.” (hereinafter “the power of attorney”).

shall be drawn up;

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