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(영문) 수원지방법원 2017.02.08 2016가단29841
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Evidence 【Evidence】1, A2, A3, A6, A8, A1, B-2, B-3, B-6, B-7, B-8, B-9, B-9, and the purport of the whole pleadings;

A. The Plaintiff is running the business by developing a forest zone of C in the emulation city and selling the land.

B. D) On July 8, 2011, on July 12, 2011, the registration of ownership transfer is completed under its name with respect to the land of 627 square meters (hereinafter “instant land”) located in Sungsung-si, si (hereinafter “instant land”).

C. Around May 201, a foreign exchange construction project bank has implemented a construction project of underground parking lots and retaining walls on the instant land, but has not received construction payment from D.

The Plaintiff filed an application for provisional attachment of the instant land with the claim amounting to KRW 70,000,000,000 upon the transfer of the above claim amount by the Plaintiff, and the provisional attachment registration of the instant land was completed on April 12, 2013 (hereinafter “instant provisional attachment”) in accordance with the decision of provisional attachment against the instant land (U.S. District Court 2013Kadan2136).

D On November 8, 2013, when the Plaintiff entered into a sales contract with the Plaintiff on the instant land, it entered into an agreement with the Plaintiff on November 8, 2013 that the Plaintiff would immediately deposit the purchase price of KRW 26 million with the Plaintiff, excluding KRW 20 million, and the report of the purchase price shall be KRW 300 million, and the purchase price of KRW 226 million shall be deposited into the agricultural bank account in the name of D, and that the Plaintiff would not participate in the purchase price of the instant land.

E. On May 31, 2015, the Plaintiff, representing D and D, drafted a sales contract with the Defendant for the purchase price of KRW 300 million ( KRW 20 million on a contractual day, an intermediate payment of KRW 54 million on August 20, 2015, and an outstanding balance of KRW 226 million on August 20, 2015) with respect to the instant land.

(2) Upon completion of the permission for development activities, the Plaintiff and the Defendant cancelled the instant provisional attachment, and out of the remainder, KRW 226 million to the seller, and KRW 54 million to the Plaintiff, a provisional attachment obligee, and paid the intermediate payment at the time of completion of the permission.

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