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(영문) 서울동부지방법원 2021.03.25 2019가합112630
소유권이전등기
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On August 13, 2002, the defendant entered into an agreement with Leecheon-si and D and 14 lots (hereinafter "each of the instant real estate") as follows (hereinafter "the agreement of this case"), and the notary public was certified as Law Firm E, No. 4919 on the same day.

Agreement A: B (Defendant) : C above and B are agreed upon and implemented with respect to the sale of approximately 8,00 parcels (C) and 14 parcels (C) in Echeon-si, Gyeonggi-do:

A, as the purchaser of the above land, refers to the consent to the re-sale made by B before the payment of the balance after the purchase and sale contract and refers to the payment to B as follows:

1. 20,000 won per square year shall be paid to B at the time of sale and purchase in the amount consulted upon Party A and B (2.50,000 won per square year);

b. When a trade is held in excess of the amount on which Party A and Party B consulted (2.50,000 won per square year), the amount of 1/2 of the difference shall be paid as a commission (including related persons).

2. B Since the sale and purchase of the above land as an intermediary for sale and purchase is based on the premise that the sale and purchase land is confirmed and publicly announced within 3 months of the land scheduled for Class II residential area, B shall take over the purchase and sale of the above land prior to the remainder date and pay the principal and the period interest (20% a year) to A.

3.This Arrangement shall be notarized, and shall be liable for any damage and liability arising out of any breach of contract.

On August 13, 2002, the Defendant sold approximately KRW 5,897 of each of the instant real estate to F Co., Ltd. at KRW 1,651,160,000 on the basis of the title of each of the instant real estate.

The remaining land of this case, excluding the part sold in the preceding paragraph, is each real estate listed in the separate sheet (hereinafter “the remaining land of this case”). Each remaining land of this case is owned by the defendant until now.

C The assignment and notification of claims by C are the Plaintiff around August 2016.

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