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(영문) 부산지방법원 2018.05.30 2017가합47850
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

A. Agreement between the plaintiffs and the defendant, etc. 1) Construction Co., Ltd. (hereinafter referred to as "construction of brick acid")

around December 2003, the Plaintiffs are 31,499 square meters of forests and fields D in Busan-gu (hereinafter “instant real estate”).

In delegation of the right to sell the real estate, the Plaintiffs agreed to pay a certain amount of the purchase price to the brick construction and bring the remainder to the Plaintiffs. 2) On December 2005, the Plaintiffs asked the Defendant to sell the real estate of this case instead of the Plaintiffs. Accordingly, on December 30, 2005, the agreement was concluded with the Plaintiffs and the Defendant on December 30, 2005 that “the Plaintiffs delegate to the Defendant all the rights to the real estate of this case, and the Defendant shall pay the remainder of the purchase price, excluding the amount to be paid for the brick construction from the sale price after the sale of the real estate, and if the Plaintiffs at least receive KRW 3 billion, the delegation contract shall not be effective.”

(3) The Plaintiffs entered into the following agreements with the Defendant on January 13, 2006 (hereinafter “Agreement on January 13, 2006”) (hereinafter “Agreement”).

1) For the convenience of the preparation of the agreement, the seller A and B (referring to the Plaintiff) refers to “A” and the buyer (the Defendant’s words) C (the Defendant’s words) refers to “B.” 1) The purpose of the agreement is to transfer the ownership by the registration of trust due to the construction of the instant real estate as the owner of the instant real estate, but to the new house development designated by “B”, by recognizing the right of acquisition and rights to the said land as the owner of the instant real estate, even though the ownership has been transferred by the registration of trust due to the construction of the wall construction.

2 The ownership of the instant real estate is arranged by “A” and transferred to a construction company designated by “B” within 25 days from the date of the contract.

The term "B" shall arrange for a sales contract between the construction of a brick and the development of a new house with the authorization of "A", and this contract shall be in accordance with the Agreement.

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