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(영문) 수원지방법원평택지원 2016.07.06 2015가합1354
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On November 12, 2003, the Plaintiff entered into a land sales contract prior to subdivision with D, with regard to land purchase price of KRW 46,732 square meters for Pyeongtaek-si E-si (hereinafter “land prior to subdivision,” and hereinafter “ Pyeongtaek-si F” in individual land, the Plaintiff entered into a land sales contract with the purchaser and four other persons, including the Plaintiff, KRW 1.6 billion for purchase price, KRW 130 million for down payment, KRW 130 million for down payment, and KRW 1.47 million for remainder, and the said down payment and the Defendant and G bear KRW 65 million for each of them.

On January 24, 2004, the Plaintiff, Defendant, and G agreed to enter into a joint project agreement as follows:

(hereinafter referred to as the “instant joint project agreement”). The following agreements are made by purchasing land before the split-off of the agreement:

Buyer’s marking Plaintiff, Defendant, and G

1. The shares of the land before the division shall be determined by the plaintiff, the defendant 1/2, and G 1/2.

2. The joint investment expenses shall be disbursed among the profits from leasing business, etc. by creating the land before subdivision as a multi-purpose site, and the net profits shall be distributed one-half by the plaintiff, the defendant, and the G one-half.

3. The Plaintiff, the Defendant, and G have been registered under convenience regardless of their shares, but undertake that they are the Plaintiff, the Defendant’s shares 1/2, and G shares 1/2.

On February 16, 2004, the land prior to the subdivision, such as the alteration of land prior to the subdivision, was subject to registration conversion into H forest land of 37,060 square meters, and the registration of subdivision was completed with H forest of 32,353 square meters, I forest of 9,90 square meters, and J forest of 4,807 square meters.

On February 25, 2004, H Forest land 32,353 square meters was registered as 22,453 square meters of H forest land, and K forest 9,900 square meters of land. On the same day, with respect to H forest 22,453 square meters of land under the Plaintiff’s name, the registration of ownership transfer was completed under the Defendant’s name as to K forest 9,900 square meters of land under the Plaintiff’s name, and as to K forest 9,90 square meters of land under the Defendant’s name.

If this vote is arranged, it is as follows:

B. On February 16, 2004, the registration of transfer of ownership under the Plaintiff’s name is registered on February 25, 2004, the transfer of ownership is registered under the Plaintiff’s name on February 25, 2004, where: (a) 4,807 square meters of divided H 32,353 square meters of land; (b) 4,807 square meters of land 4,807 square meters of land; (c) 22,453 square meters of land divided H 22,453 square meters of land; and (d) 9,900 square meters of land registered prior to the subdivision of the registration date.

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