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(영문) 울산지방법원 2021.03.25 2019나14028
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

Reasons

1. Basic facts

A. On May 29, 2014, the Defendants purchased 1,690 square meters, G miscellaneous land 43 square meters, 68 square meters in H miscellaneous land, 68 square meters in the name of Ulsan-gun, Ulsan-gun, Ulsan-gun, and completed the registration of transfer of ownership with respect to each of the instant lands on May 30, 2014 (hereinafter “each of the instant lands”).

B. On November 17, 2014, the Ulsan District Court decided to commence a voluntary auction on each of the instant land upon a voluntary request by the NEN on each of the instant land.

(c)

The Defendants sold each of the instant land to the O Co., Ltd. (hereinafter “O”) on July 18, 2015, and completed the registration of the transfer of ownership of each of the instant land to theO on August 21, 2015, and withdrawn the said application for voluntary auction on August 24, 2015.

[Ground for recognition] Unsatisfy, Gap evidence No. 3 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. On April 2013, the Plaintiff loaned KRW 100 million to J-friendly D upon the request of J around April 2013, and the J jointly and severally guaranteed the Plaintiff’s above loan obligation.

2) On January 201, 2014, prior to the purchase of each of the instant land, the Defendants: (a) purchased P & 1,846 square meters in Ulsan-gun P & P, Ulsan-gun; and (b) planned to develop and sell it as a site for electric source housing; (c) however, the Defendants had to purchase each of the instant land adjacent to the instant land for the purpose of securing a passage for the development of the instant land, which

Therefore, the Defendants requested J to act as a broker for the purchase and sale of each of the instant lands, and the Defendants could bring a lot of profits when purchasing and developing each of the instant lands into a housing site. Therefore, the Defendants agreed to pay KRW 100 million to J under the pretext of acceptance and repair of each of the instant land brokerage (hereinafter “Agreement”).

On the other hand, the Plaintiff acquired the claim for the instant agreed amount from J and notified the Defendants during the instant lawsuit.

3) Therefore, the Defendants are governed by JJ.

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