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(영문) 광주지방법원 2018.06.27 2017가단524663
약정금
Text

1. The Defendant’s KRW 16,146,00 for the Plaintiff and KRW 5% per annum from October 26, 2016 to June 27, 2018.

Reasons

1. Facts of recognition;

A. The Defendant, who operated a dental hospital on the fourth floor of the Seo-gu Seoul Special Metropolitan City D Building, which is owned by Co., Ltd. (hereinafter “C”), promised to pay KRW 50,000,000 to the Plaintiff, a birth partner of C representative director E, in the event of a contract formation. However, on October 12, 2016, the Defendant agreed to pay the difference between the purchase price and the sales price at the time of a sales contract, if the Plaintiff and the instant building were to be able to purchase the entire fourth floor and 240 square meters (792 square meters) in KRW 1.6 billion.

B. According to the Plaintiff’s brokerage, a sales contract (hereinafter “the first contract”) was drafted between the seller and the Defendant on October 26, 2016, wherein the part to be traded as of October 26, 2016 between the seller and the buyer was the total of the four floors, the area of 792 square meters (240 square meters), and the sales amount of KRW 1.44 million (hereinafter “the first contract”). As of the same day, the sales contract was drafted again with the part to be traded between the seller C and the Plaintiff Company F, a representative director of the Defendant, as of the same day, the total amount of the four floors, divided into the total sum of 401, 402, and 403 square meters, 40.407 square meters of the shared area, and the sales amount of KRW 1.794 million (hereinafter “the second contract”).

C. The Defendant paid KRW 1.794 billion to C in accordance with the aforementioned two contracts, and completed the registration of ownership transfer on November 9, 2016 with respect to the above Nos. 401, 402, and 403.

The area of the fourth floor above the real estate registration injury is 793.65 square meters, and the area of the section for exclusive use under the above 401 square meters on the aggregate building register is 175.12 square meters for the section for exclusive use under the above 401 square meters, 119.458 square meters for the section for exclusive use under the above 402, 197.75 square meters for the section for exclusive use under the above 402, 134.894 square meters for the section for common use, 214.12 square meters for the section for exclusive use under the above

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 5 (including additional numbers), witness G's testimony, and the purport of whole pleadings

2. The party's assertion and judgment

A. The Plaintiff purchased not more than 1.6 billion won based on the 240 square meters of the entire area of the fourth floor of the above building with the Defendant.

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