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(영문) 서울북부지방법원 2018.01.09 2017나30857
약정금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 11, 2009, the Plaintiffs and the Defendants, who owned the Plaintiff, concluded a sale agreement with the Defendants on the following terms and conditions (hereinafter “instant agreement”) to sell to the Defendants: (a) the Plaintiff’s 6,107 square meters in Gyeyang-gun G, Gyeonggi-do, and H 503 square meters in size; (b) the I forest 1,807 square meters in size (the 279 square meters in I forest, J forest 73 square meters, K forest 200 square meters in size; (c) M forest 1,155 square meters in size; (d) N forest 1,471 square meters in size (hereinafter “instant land”); and (e) the H ground block structure, wing-dong collective housing, and money (hereinafter “the instant land and the instant housing”)

With respect to the instant real estate, the Plaintiff A entered into an agreement on the distribution of profits in the event that the buyer sold the instant real estate to the Defendants and sold it to the other as follows:

2. The Plaintiff A shall transfer ownership of KRW 402,00,000 for the buyer’s loans on the registry, KRW 530,000 for the Defendant C’s debts, KRW 300,000 for the Defendant D’s debts, and KRW 68,00,000 for the total of KRW 1,30,000 for the interest, and KRW 600,000 for each of these funds.

3. Until May 30, 2010, Plaintiff B obtained authorization or permission in the name of the Defendants against the buyer of the gas filling stations and gas filling stations. In the event that Plaintiff B disposes of the instant real estate to another person, the amount under the above paragraph (2) and the transfer of ownership, taxes and public charges, etc. are owned by Plaintiffs 40% of pure profits, excluding both the amount under the above paragraph (2) and the transfer of ownership, and the transfer of ownership, taxes and public charges, and 60% of the profits.

4. The Plaintiffs, by May 30, 2010, waive all their rights to benefits, regardless of the reasons for failure to obtain the authorization or permission, and do not raise any civil or criminal objection against the Defendants, who are owners on the register, in any case.

B. On November 12, 2009, Plaintiff A completed the registration of ownership transfer with respect to the instant real estate to the Defendants in accordance with the instant agreement.

C. The Defendants objection to F on August 25, 2014.

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