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(영문) 서울중앙지방법원 2017.11.14 2017가합512004
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 28, 2004, the Plaintiff (the actual operator of the Plaintiff is C), D (the person operating the Plaintiff is the external third village of C), and E (D (the person was divided into each land listed in the separate sheet) of 9,047 square meters of forest f forest 9,047 square meters (the land listed in the separate sheet; hereinafter “the forest before the division of this case”) in the non-class neighborhood living facilities, etc., and purchased the forest 2 billion won prior to the division from G, the owner of the land, for the purpose of acquiring the development gains (hereinafter “the instant sales contract”). Of the above sales contract, the Plaintiff, KRW 200 million, and KRW 1.3 billion, KRW D, and KRW 500,000,000,000,000, was borne by E.

B. Upon the request of the Plaintiff, D, and E, the Plaintiff, D, and E agreed to title trust the forest of this case with the Defendant (hereinafter “C”). On August 17, 2004, G completed the registration of ownership transfer with respect to the forest of this case before the instant partition under the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5 evidence, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The purport of the Plaintiff’s assertion is that the Defendant is obligated to pay the Plaintiff the agreed amount of KRW 700 million, inasmuch as the Plaintiff agreed that the sum of the Plaintiff’s equity investment in the Plaintiff, D, and E (hereinafter “the instant association”) and the development profit amount of the forest before the instant division shall be paid to the Plaintiff, and that the Plaintiff would be paid KRW 700,000,000,000 in face value as security, promissory notes and related notarial deeds, and sales contract as to some portion of the forest before the instant division.

3. Determination

A. According to the evidence Nos. 1, 3, and 4, the following facts are recognized:

1) The issuer is the defendant, the payee, the plaintiff, the date of issuance on July 20, 2004, and the date of payment on March 30, 2007, promissory notes with face value of 200 million won in face value and promissory notes with face value of 500 million won in total (hereinafter collectively referred to as "the case").

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