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(영문) 서울중앙지방법원 2016.05.24 2014가단5311772
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 May 27, 2003, the Defendant, Nonparty C, and D (hereinafter “joint buyers”) agreed to (hereinafter “instant agreement”) as follows with respect to the investment of neighboring stores in Seo-gu Incheon, Seo-gu, Incheon (one store in the underground floor, three stores in the first floor, two households in the second floor, two households in the second floor, and one household in the third floor; hereinafter “instant neighboring stores”); the Plaintiff participated as a witness and a substitute contractor at the time.

1) The purchase price shall be 290,000,000,000 in total including loans, deposits, etc. (ii) the actual amount of payment, excluding mutual aid funds, at the purchase price, shall be equal to three joint buyers.

3) The name prior to the registration shall be C. 4) All the expenses, such as repair costs (including urban gas facility costs), registration transfer costs, and introduction costs, shall be borne jointly by three co-owners.

5) The investment amount per joint purchaser shall be KRW 50,00,000,000, but if there are additional expenses, several investments may be required (in repair expenses. 6) if there is an additional expense, the investment amount and profits shall be refunded in equal installments by three.

7) On May 27, 2003, the Plaintiff entered into a sales contract on behalf of the co-Buyer 3 including KRW 290,000,000 ( KRW 135,000,000, KRW 49,500,000, KRW 17,000,000, as well as waste disposal expenses, and KRW 17,00,000, as for the neighboring shopping district of this case, on behalf of the co-Buyer 3. On June 20, 2003.

C. Since then, the day was accepted as a redevelopment project, and KRW 562,228,380 was paid to C, who is the title holder of the neighboring family in the instant case.

C Of the above compensation, C KRW 150,000,000 around December 17, 2008, and KRW 50,000,000 around December 19, 208, respectively, shall be the Plaintiff.

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