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(영문) 서울동부지방법원 2016.04.15 2015가단19248
약정금
Text

1. The Defendant (Appointed Party) B and the appointed Party C jointly and severally with the Plaintiff KRW 14,958,077 as well as the aforementioned amount on September 12, 2015.

Reasons

Facts of recognition

On May 2009, the designated parties C and Defendant B recommended the Plaintiff and their husband E to make investments in the project to create the farm housing complex located in Kimpo-si, Kimpo-si (hereinafter “instant project”). The Defendants and E and the Plaintiff share the expenses and profits accruing from the construction of the instant housing in half-yearlyly, but they share the expenses and profits accruing from the construction of the said housing in the farmland ledger in the name of the designated parties C and E, and ③ Upon completion of the construction permission for the new construction of the farm housing, the agreement was concluded between the Plaintiff and the designated parties D to make a joint registration for the said housing.

E paid KRW 40 million on May 27, 2009, KRW 25 million on July 17, 2009, KRW 7 million on October 28, 2009, KRW 5 million on February 24, 2010, and KRW 10 million on May 26, 2010 as Defendant B’s passbook, and KRW 15 million on June 19, 201 as Defendant B’s passbook, respectively.

(A) On July 17, 2009, the Defendants prepared a letter (A 1) of the same content as that of the separate sheet with respect to the instant business on July 17, 2009, and delivered it to the Plaintiff and E on October 3, 2009.

(hereinafter “instant performance rejection”). The main contents of the instant performance rejection are as follows.

The following terms are the content concerning the house of the farm household in performance, respectively:

The address: The separate land of about 300 square meters for each piece of land outside Kimpo-si and about 14 pieces of land (Ap. 10,000 square meters): The final determination of the location cost by each piece of land of about 600,000 square meters per square meter after the original copy of the farmland register was made: the total cost burden of KRW 18,00,000 won (80,000,000 for future group loans, KRW 36,000,000,000,000 as of the expected cost of loan, KRW 36,000,000,000,000 for each piece of land (Ap. 10,000 square meters): It shall be as follows:

Proceeds and expenses shall be jointly distributed.

(50:50) Since the progress of the project in this case was poor, the Plaintiff against the Defendants at Incheon District Court No. 2012Gahap1838.

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