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Reasons
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(영문) 서울고등법원 2017.10.18 2017나2013319
약정금
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1. The judgment of the court of first instance, including the defendant's preliminary counterclaim added at the trial, shall be modified as follows.

Reasons

1. Basic facts

A. The Defendant, while promoting a development project with respect to the land of Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, E, F and N and J, located within the district unit project plan, agreed to jointly purchase and develop the land of this case with the Plaintiff and the instant land. The Defendant, upon having experienced difficulties in purchasing H and I (as stated in attached Table 1(1); hereinafter referred to as “instant land”).

B. On May 20, 2013, the Plaintiff entered into a sales contract with the owner G of the instant land, and with respect to the instant land and the instant building, to purchase KRW 550 million (the contract amounting to KRW 55 million on a contractual basis, and the remainder amount to KRW 495 million on July 10, 2013). On July 10, 2013, the Plaintiff entered into an agreement with the Defendant (hereinafter “instant agreement”).

The Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) agree to jointly purchase the instant land as follows:

- - Future -

1. A and B shall purchase the above real estate jointly with Gap and Eul, register the transfer of ownership in the name of Eul for convenience, and make a registration of transfer of ownership in the name of Eul for shares to a person designated by Eul;

2. In the event that the land in a project plan is comprehensively developed or en bloc sold and purchased, Party A shall delegate his/her authority to develop the said land.

3. If a dispute arises between A and B, B shall be calculated by adding the amount invested by B (3,300 square meters, K) among the land in J (3,300 square meters, and 595 square meters (attached documents) to the amount invested by B.

4.O or P(c) two parcels of state-owned land (c) shall not be unilaterally prohibited from passage or demand money from any person Gap and any person Eul in return for promising them to be jointly used by them as joint use.

5.A shall provide a security when borrowing money from a bank Eul.

6. The utility of land; and

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