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(영문) 수원지방법원 2018.10.19 2016가합83934
추심금
Text

1. The Plaintiff:

(a) As from November 3, 2016, Defendant C and E, respectively, KRW 60,00,000, and as from November 3, 2016:

B. Defendant D shall be 60,000.

Reasons

1. Basic facts

A. The Plaintiff’s Intervenor and the Defendants’ joint investment agreement and circumstances surrounding the agreement

K (hereinafter referred to as "K") from the head of Pyeongtaek-si on July 12, 2013.

) A project implementer was designated as a project implementer for the “Construction of Urban Planning Facilities” of L and M Institute (hereinafter “N”) (Public Notice of Pyeongtaek-si and the foregoing project; hereinafter “N”)

(2) On January 29, 2016, P representing the Defendants as the husband of Defendant C entered into a contract with the Intervenor to acquire the instant project implementation right at KRW 830 million. Around that time, the Intervenor paid KRW 400 million out of the price to the Intervenor.

(hereinafter referred to as “transfer and takeover contract of rights”). The contract contains the following contents:

1. A (referred to as the Intervenor) receives any remainder payment from B (P) of all rights as the project implementer of Class II district unit planning zone (authorization of implementation plan and determination of implementation plan of the Pyeongtaek-si Head on January 4, 2012) of Class II district unit planning zone of Pyeongtaek-si QU, and all documents related to the unit of Class II district, and at the same time, A waives all rights and transfers all rights and documents to B, and transfers all rights and documents related thereto to B, and the matters related to A are actively responsible and co-operated until the completion of the project at the successful rate.

2. The transfer proceeds which A renounces the above rights and transfers all rights to B shall be determined by the sale price of 30 million won in daily gold ( 830,000,000), and Eul shall be paid to B.

B At the same time, A waives all the rights and transfers all the rights to B at the same time as B pays any balance to B.

3. The down payment shall be the KRW 83,000 ( KRW 83,00,000), and the immediate payment shall be made to the account designated by Section A without delay under this Agreement.

The payment of remainder shall be handled by April 10, 2016, and it shall be handled by Pyeongtaek-si office after receiving a modified document from the project operator at Pyeongtaek-si office by April 10, 2016.

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