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(영문) 수원지방법원 2015.05.12 2014가합69361
소유권이전등기
Text

1. All of the plaintiff's main claims are dismissed.

2. Defendant B: (a) KRW 280,000,000 for the Plaintiff and its related expenses on August 2014.

Reasons

1. Basic facts

A. On December 5, 2006, the Plaintiff drafted a development agreement with co-owners of E forest land E 34,404 square meters (hereinafter “instant forest land”) and with the Plaintiff’s representative to jointly develop the instant forest land.

On January 16, 2007, the officers of the Plaintiff and the FF associations entered into a real estate consulting service contract with D on January 16, 2007, and D performed duties such as reviewing the feasibility necessary for the development of the forest of this case and conducting pre-work, and 10% of the profits accrued from the development of the forest of this case as remuneration for business.

At the time of the conclusion of the above service contract, the Plaintiff and D entered into an oral agreement with D to divide half of the remuneration received in return for the performance of the above service contract. On December 2, 2009, the agreement containing the above oral agreement was entered into.

D) From July 10, 2008 to September 30, 2009, F received a total of KRW 170,000,000 from F for business remuneration under the above service contract, and paid the Plaintiff KRW 85,00,000, one half of them to the Plaintiff.

However, D paid the above remuneration of KRW 620,000,000 on September 14, 2010, and the total of KRW 620,000,000 on September 16, 2010, and KRW 310,00,000 on September 16, 201, did not pay to the Plaintiff.

Therefore, on February 1, 2012, the Plaintiff filed a lawsuit seeking payment of KRW 310,00,000 as Suwon District Court Decision 2012Gahap1798 with respect to D, and “D shall pay to the Plaintiff the damages for delay calculated at the rate of KRW 310,00,000 and KRW 20% per annum from January 11, 2012 to the date of full payment” was handed down on August 23, 2012, and the said judgment became final and conclusive on October 16, 2013.

B. Defendant B, the spouse of Defendant B, on October 13, 2010, KRW 30,000 on the same day as the down payment of KRW 330,000,000 for the instant apartment from G, and KRW 70,000 for the first intermediate payment of KRW 70,000 on November 10, 2010, and KRW 50,000 for the second intermediate payment of KRW 30,000 on December 3, 2010, and the remainder of KRW 180,000 for the remainder of December 7, 2010, respectively.

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