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(영문) 수원지방법원안양지원 2017.09.14 2016가단107156
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. From around 2011, Nonparty E and F had undertaken the business of newly building and selling commercial buildings and officetels on the G ground of Ansan-si (hereinafter “instant business”).

The scheduled sale price of the unit units of the Gu-dong-based Gable-based Gable-based unit during Ansan-si in Gyeonggi-do shall be 500,000,000 from 5 J-K-ho 14 households of 126,000 to 6 households of 118,00,000,000 BT-ho 5 J-K-ho 14 households of 126,000,000 from 4 J-Kho-ho 20 households of 20,000 (Advance investment agreement amount)

B. Around May 16, 2012, Nonparty E and F entered into an investment arrangement with Defendant B with the following content.

Article 2 (Contract Amount of Arrangement) (1) "B (Defendant B)" shall be paid to "B" for the profits expected to be sold to the funds prior to the borrowing of KRW 00 million from the subsidy for part of the land of "A (excluding the small E)" and the project cost of "B (excluding the additional tax Z)" until the completion of the sale of an officetel.

2. At the time of the deposit of the above-mentioned agreement, 20 households fixed shall be preferentially allocated as above, and each sale contract shall be issued at the time of approval for sale.

B. The Plaintiff transferred KRW 25,00,000 on June 15, 2012 and KRW 5,000,000 on June 29, 2012 to the account under the name of Defendant C for the purpose of investing in the instant business. Defendant C again remitted KRW 25,00,000 out of the said money to the account under the name of Defendant B.

C. On June 29, 2012, Nonparty E prepared a receipt with the purport that Nonparty E received KRW 30,000,000 as the down payment for the five-story G block L (hereinafter “instant building”) in Ansan-gu, Seoul. Nonparty E paid KRW 122,00,000 for the instant building as the agreed amount, and the agreed amount KRW 25,00,000 for the instant building. The intermediate payment was paid within 15 days after the commencement of the intermediate payment, and the part payment was made within 15 days after the commencement of the intermediate payment.”

On December 1, 2015, the instant building shall be registered for the preservation of ownership in the name of Defendant B, and after the completion of registration for the preservation of ownership in the name of Defendant B, M Co., Ltd. as a trustee on the same day, and shall be trusted on November 30, 2015.

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