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(영문) 서울동부지방법원 2017.11.23 2017가합184
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 240,000,00 and 5% per annum from December 4, 2013 to January 2, 2017.

Reasons

1. Facts of recognition;

A. D obtained a construction permit from the head of Jinjin-si on August 24, 2011 to newly construct a detached house (multi-family house) on the F forest land on the ground of Jinjin-si E (hereinafter “E”) (hereinafter “E”).

On September 23, 2011, the said forest was divided into 492 square meters of G, H, and I forest land (hereinafter “instant one”). Since then, J 736 square meters of forest land, K 1,29 square meters of forest land, and L 443 square meters of forest land (hereinafter “instant two land”) were additionally subdivided.

B. The Plaintiff, together with the foregoing D, engaged in the development and sale of “Mri Urban Residential Housing Facilities”, and Defendant B was awarded a subcontract from N to the construction of a new multi-family house on G or I ground.

The Plaintiff and the Defendants agreed to acquire the instant land and complete the remainder construction on August 2013, and the purchase price of the said land was to be paid to the Plaintiff by raising funds with loans from the Bank of Korea or advance payment of the purchase price of the said land.

C. According to the above agreement on September 13, 2013, G among the land of this case on September 13, 2013, in the name of Defendant C, H in the name ofO, and I in the name of P in the name of P in each of the registration of ownership transfer was completed. As to a part of the land of this case, the registration of ownership transfer was completed in the name of Defendant C,O, and P with respect to

On November 30, 2013, the Plaintiff and the Defendants jointly and severally concluded an agreement on November 30, 2013, stipulating that the Defendants shall jointly and severally pay to the Plaintiff the sum of the purchase price for the instant land and the instant land 2, which is calculated as follows, KRW 240 million up to December 3, 2013 (hereinafter “instant agreement”).

Defendant C: Amount of KRW 132 million for acquiring co-ownership of G and the land of this case 2- Amount of KRW 51 million = 130 million for loans - amount of KRW 100 million for acquiring co-ownership of land of this case H and the instant 2: Amount of KRW 51 million for loans = 50,000 won - Amount of KRW 132 million for acquiring co-ownership of land of this case - amount of KRW 50,000 for loans - amount of KRW 132 million for acquiring co-ownership of land of this case - amount of KRW 50,000 for loans 54 million =

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