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(영문) 서울북부지방법원 2021.02.04 2019가합26599
약정금
Text

Of the instant lawsuit, the part of the primary claim against Defendant D is dismissed.

The plaintiffs' claims against the defendant C and the defendant.

Reasons

Basic Facts

In 2014, Defendant C entered into an agreement on land development and sale (sale) with the content that E and F created and sold a camping set at G, H, I, or J (17,520 square meters (5,300 square meters (5,300 square meters) of the business site area) owned by Defendant C, and Defendant C entered into an agreement on land development and sale (sale) with the content that the transfer of ownership is completed with respect to the part sold after receiving KRW 500,000 per square meter. The said camping project was suspended without due process.

After December 18, 2017, Defendant C and F drafted a summary statement stating that F shall create and sell K Camping sets to H, L, and J (No. 1,500 square meters in the business site of the first, second, 1,380 square meters in the business site of the Defendant C) owned by Defendant C, and Defendant C shall complete the registration of transfer of ownership on the sold part.

Plaintiff

On November 3, 2017, A entered into a sales contract with M Co., Ltd. (hereinafter referred to as “M”), under which the Plaintiff would sell 100 square meters (including 4 camping r. r. r. r. r. r. s. r. r.) of the J in Macheon-si (hereinafter referred to as “M”), and the Plaintiff’s sales contract with the terms that the Plaintiff would sell 100 square meters (including r. r. r. r. r. s. s. r. r. s. r. s. s. s. r. s. s. 1 and s. s. 31/1700 of the purchase price for 3331/1700 out of

Plaintiff

B On May 16, 2018, between M and M, the Plaintiff B performed the civil engineering work for the creation of the above camping site, and M entered into a construction contract with the Plaintiff B to transfer the construction cost to the Plaintiff B at 100 square meters of the site out of the above camping site, and implemented the civil engineering work.

Since then, the above camping project did not proceed properly, and the plaintiff A and M cancelled the agreement on the above sales agency contract.

On March 13, 2019, the Plaintiffs and Defendant C drafted a performance note and waiver note as follows (hereinafter “instant implementation note”).

[Attachment] Defendant C’s sales contract for I to J, and H (hereinafter “each of the instant real estate”).

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