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(영문) 수원지방법원 2019.03.20 2018가합17498
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 25, 2013, the Plaintiff concluded four of the following four sales contracts (hereinafter collectively referred to as “each of the instant sales contracts,” and concluded each of the instant sales contracts, including the subject matter of each of the instant sales contracts, “the instant land”).

The sales amount of each of the instant sales contracts was KRW 3,900,000.

The Plaintiff paid the Defendant the down payment of KRW 200,000,000 on the day of each of the instant sales contracts, and thereafter additionally paid KRW 200,000,000.

The outstanding payment date of each of the instant sales contracts was April 30, 2014.

1) The Plaintiff purchased 340,000,000 square meters of D forest 1,633 square meters from C in Sungsung-si (a contract deposit of KRW 17,00,000) and the Defendant represented C. 2) The Plaintiff purchased 1,431 square meters of land from E in Sungsung-si to KRW 298,60,000 (a contract deposit of KRW 15,000,000), and G represented for E.

3) The Plaintiff purchased a total of KRW 2,380 square meters of 496,00,000 (contract deposit amount to KRW 25,000,000) from H in Sung-si, the Plaintiff purchased a total of KRW 13,251 square meters of 2,765,40,000 (contract deposit to KRW 143,00,000) from H, and the Defendant represented for H. 4) from the Defendant.

B. On December 9, 2014, the Plaintiff drafted a written waiver of the real estate sales contract to the Defendant to waive each of the instant sales contracts.

[Ground of recognition] A without dispute, Gap evidence 1 (including paper numbers), Eul evidence 1, the purport of the whole pleadings

2. After entering into each of the instant sales contracts, the Plaintiff’s assertion made an disbursement of development costs, such as obtaining S approval for land use from the owner of the RR land to be used as the access road to develop the instant land, and requesting T Office to complete civil engineering design.

The Plaintiff transferred the right to develop the instant land to the Defendant around November 2014, and the Defendant developed and sold the instant land, and the Plaintiff paid 400,000,000 won after the purchase price was paid by the Plaintiff.

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