(영문) 수원지방법원 2020.04.01 2018가합23783

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(영문) 수원지방법원 2020.04.01 2018가합23783

약정금

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1. The plaintiff's successor's claim is dismissed.

2. The costs of the lawsuit include the part resulting from the succession.

Reasons

1. Basic facts

A. On May 16, 2017, the Intervenor succeeding to the Plaintiff, the Defendant’s Dong-si E, and F entered into a joint project agreement with the content of developing electric housing and distributing profits (hereinafter “instant joint project agreement”) on the Suwon-si G, H, and I (hereinafter “instant project site”).

B. On May 20, 2017, the Plaintiff (i.e., withdrawal; hereinafter “Plaintiff”) and the Defendant concluded a service contract (hereinafter “instant service contract”) for the smooth progress of electric power resource development projects to be conducted in the instant project site, and the main contents thereof are as follows.

Article 1 (Conditions for Predetermination of Contracts)

1.The term "A" must acquire the right to sell and purchase all land on the site in question;

(2) In order for this contract to be executed, "A" is deemed to be a service contract to be concluded when one of the following is completed: (a) one of the following items: (b) one of the following items: (c) one(d)(i)(i)(i)(ii)(i)(ii)(iii)(

Article 2 (Term of Validity of Contracts)

1. The term of validity of this Agreement refers to the period for carrying out the detailed details of the authorization and permission of “Separate 1” and shall be November 30, 2017.

2. Where “A” fails to conduct by no later than November 30, 2017, this Agreement shall become null and void.

Article 5 (Real Estate Purchase Price and Service Price)

1. The sales price of real estate shall be the amount stipulated in a contract of real estate indicated in the original real estate;

2. The amount of service charges shall be the amount calculated by subtracting the amount of actual transaction from the amount of 1,400,000 won which is the land which can be developed as real estate of the original real estate which is indicated as real estate price

Article 7 (Method of Invalidity of Contract under Non-performance) If the terms of the contract under Section 1.2 of this Agreement have not been fulfilled, or if the term of validity under Article II has exceeded or the terms of waiver under Article IV have been established, the term "B" may nullify the contract.

Details of the roles of "A" and "A" shall be as follows.

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