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(영문) 서울고등법원 2015.08.28 2014나56234
보증금반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 12, 2010, the Defendant concluded a sales contract with the content that he sells 9,917 square meters (hereinafter “instant land”) out of 6,000,000,000 of the purchase price to 3,000,000,000 of the 3,000,000 forest land and 6,000,000 forest land owned by C, Yco Co., Ltd., Ltd., and the Defendant (hereinafter “instant sales contract”).

B. After that, around March 201, the Defendant and the above two companies agreed to waive the status of purchaser according to the instant sales contract, and to modify the contract to purchase part of the instant land at KRW 1,500,000 at ordinary 1.9 million.

2. The Plaintiff’s assertion agreed to receive 300,000,000 won (i.e., KRW 100,000 x 3,000 x 3,000) from the Defendant when the sales contract for the instant land was concluded and implemented between the Defendant, C, and Bosco.

Therefore, the defendant is obligated to pay 150,000,000 won to the plaintiff, which is calculated by adding 100,000 won per square day to the 1,500 square meters where actual sales have been made.

3. According to the purport of the evidence No. 2 and No. 5, the Plaintiff’s representative director, prior to the conclusion of the instant sales contract, E, the Plaintiff’s representative director, can find the Defendant, and find the fact that, prior to the conclusion of the instant sales contract, E, the Plaintiff’s representative director, followed the transaction intent of the instant land, and, subsequent, the Plaintiff, C, and B, and B, introduced the Defendant

Furthermore, if a sales contract for the instant land was concluded between the Defendant and the above companies at the time, the health department on whether the Defendant agreed to pay the Plaintiff consulting costs in the amount of KRW 100,000 per square meter, and the evidence No. 2 of the Plaintiff submitted by the Plaintiff (i.e., September 11, 2014) is the written statement prepared by F, the representative of the Co., Ltd., and the Plaintiff’s assertion.

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