(영문) 서울중앙지방법원 2016.05.19 2015가합3193 (1)

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(영문) 서울중앙지방법원 2016.05.19 2015가합3193 (1)

약정금

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1. The Defendant’s KRW 350,000,000 as well as 5% per annum from May 22, 2007 to March 30, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On February 2007, the Plaintiff entered the lower end of the instant agreement as “the date of preparation” but on February 20, 2007, a notary public obtained a certification of the instant agreement from the Maspon Law Firm on February 20, 2007. According to the result of the Plaintiff’s personal examination, the Plaintiff entered the Republic of Korea around February 2007 and received the instant agreement and received the Defendant’s certification on February 2007, and thus, the instant agreement was deemed to have been concluded around February 2007.

When the Defendant and the Defendant purchase a square of 67,736 meters of C Forest land (hereinafter “instant real estate”), the Defendant and the Defendant entered into an agreement with the Plaintiff to support purchase funds and distribute the profits therefrom (hereinafter “instant agreement”) by developing the instant real estate.

At the time, the defendant prepared and delivered a letter stating the terms of the contract in this case to the plaintiff, and the contents are as follows.

(hereinafter referred to as the "Agreement of this case"). In purchasing the real estate of this case, the defendant, each of whom is a letter, shall be notarized as follows, on condition that the plaintiff invests the full amount of the purchase price:

1) The Defendant, along with the transfer of ownership on the instant real estate, shall set up KRW 1.2 billion to the Plaintiff at the time of establishing a mortgage priority order, and the amount of actual payment shall be KRW 80 million. 2) The Defendant shall appropriate funds necessary for securing and developing the instant real estate, and make access roads to the instant real estate.

3) The Defendant shall sell the shares by up to two years and six months from the date of the transfer of ownership, and the effective period shall be three years only. 4) When selling the shares above 1.6 billion won, the amount of the shares shall be divided by one half for the shares exceeding KRW 80 million to the Plaintiff.

5) The Defendant is not required to pay taxes and other expenses (in writing) (in the case of sale, tax is borne only at the time of sale).

The defendant shall sell each of the above agreements to the plaintiff at auction.

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