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(영문) 의정부지방법원고양지원 2016.01.15 2015가단22192
약정금 등
Text

1. The Plaintiff:

A. Defendant B: (a) KRW 23,563,300 as well as 5% per annum from August 13, 2013 to January 15, 2016.

Reasons

1. Basic facts

A. On April 2015, the Plaintiff, as the representative of the Book Publication C, was in physical coloring the land for the construction of a warehouse to store the said publication books, etc., the Plaintiff concluded a sales contract with the purport that the sales contract should be null and void if the Plaintiff did not obtain permission, on May 1, 2014, under the premise that the sales contract was made between the seller and E, and the seller would purchase KRW 1984 square meters out of the two lots of land, namely, the sales contract, 1984 square meters (hereinafter “instant real estate”) among the two lots of land, namely, the sales contract between the seller and E.

B. In order to establish a sales contract of the instant land, Defendant B was involved in the procedures for obtaining permission for development (new construction report). During that process, Defendant B became aware that the access to the instant land owner’s land, including G, H, I, and others, and that the consent form is necessary.

However, the above Defendant: (a) voluntarily prepared a written consent of J, G, and H, the owner of the above strike; and (b) had K submit it together with the construction report documents; and (c) obtained permission for development activities and acceptance of the construction report from the reception of the PP on August 6, 2014; (b) the said development permission conditions include the condition that an application for construction completion can be made after securing access roads in accordance with the plan for securing access roads at the time of permission, and where it fails to secure it.

C. On August 6, 2014, the Plaintiff is entitled to the instant real estate between E and E.

The same terms and conditions as stipulated in the above paragraph were entered into, and the real estate intermediary fee was paid to Defendant B. After completing the registration of transfer of ownership pursuant to the above sales contract, the construction of warehouse buildings and the construction of road packaging on the above land was conducted, and the documents for completion inspection were sent to the public.

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