logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.08.19 2019가합19293
약정금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant was established on July 3, 2006 as a corporation running an urban development project, real estate development project, etc., and promoted a joint housing construction project in the lots outside C and 53 Osan City.

B. On October 12, 2006, the Plaintiff, D, E, and F entered into a land purchase services contract with the Defendant (hereinafter “instant services contract”) with the following content.

Article 1 (Purpose of this Agreement) (1) The purpose of this Agreement is to prescribe, at the request of the defendant, all the matters pertaining to the provision of services necessary for the purchase of land by the plaintiff and three other persons, and the defendant shall implement this Agreement

Article 2 (Indication of Services Goods) (1) Location: 36,849.4 (Details and Scope of Services) (1) Location: 36,849.4 (Details and Scope of Services), the area of purchased land shall be the area of services purchased by the defendant for the achievement of the purpose of the services, and the operation shall be completed at the time of completion of the contract of the land.

② The Plaintiff and three other parties shall take measures to enable the purchase in the name of the Defendant for the project site (including the ground) prescribed in Article 2, and to this end, the Plaintiff and three parties shall collect the conditional sales contract from the landowner of the said project site at 100% and submit it to the Defendant.

(3) The scope of services shall be the time when the conclusion of the sales contract and the payment of the purchase and sale contract for the land for the business site (including the land) is made, and the defendant submits all documents necessary for the authorization

Article 4 (Time of Provision of Land Sale and Services Contract and Payment of Services Cost) ① The service cost under this contract shall be the total sum of KRW 10 billion (excluding value added tax), and shall be paid on the following terms:

The period of this service contract under Article 6 (Service Period), which is the total of 30% of the necessary documents prior to the ownership transfer of KRW 532 million, is the transfer of ownership to the defendant, at the time of the service contract for KRW 8,260,000,000, the intermediate payment of KRW 1.26,000,000,000,000,000,000 won when the submission of the seal by the owner of the land in the original project site was completed.

arrow