(영문) 서울중앙지방법원 2017.11.07 2016가단5297863

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(영문) 서울중앙지방법원 2017.11.07 2016가단5297863

약정금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On July 22, 2003, the Plaintiff entered into an agreement with the Defendant to purchase a total of KRW 612 square meters (2025 square meters (hereinafter referred to as “the instant land”) of the area of each land owned by the Defendant, in a considerable amount of KRW 495 million between the Defendant and the Defendant, with a total of KRW 612 square meters (2,025 square meters). Around August 22, 2003, the Plaintiff paid a total of KRW 100 million to the Defendant by August 22, 2003 under the said agreement.

(hereinafter referred to as “this case’s sales agreement or sales contract.” 1. The Plaintiff pays to the Defendant the amount of KRW 50 million by priority as “trade agreement amount,” and pays the remainder of KRW 50 million by August 22, 2003.

2. The defendant shall ensure that the plaintiff can obtain a building permit for accommodation facilities, and shall secure a road of not less than 6m in width until October 30, 2003.

3. The defendant shall provide the plaintiff with a written consent to land use so that the plaintiff can obtain a building permit.

4. If it is confirmed that accommodation facilities can be constructed from the Cheongju-si, the Plaintiff shall pay the remainder of the land price to the Defendant in addition to the sales agreement.

5. If it is impossible to construct accommodation facilities on the land agreed to trade, the sales agreement received by the Defendant shall be refunded to the Plaintiff.

6. When the defendant and the plaintiff become aware of this Agreement as well as the parties thereto, this Agreement shall be automatically discarded, and when the agreement is in progress, the defendant and the plaintiff shall prepare a re-contract by arranging the terms of the agreement.

B. On July 29, 2013, the Plaintiff filed a lawsuit against the Defendant seeking the return of the above trading agreement amounting to KRW 100 million, etc. as Seoul Central District Court 2013Kahap595.

In the above lawsuit, the plaintiff agreed to return the amount of KRW 100 million to the plaintiff when it is impossible to construct accommodation facilities on the land of this case. In order to construct the above accommodation facilities, the plaintiff agreed to return the amount of KRW 100 million to the plaintiff. G, H, I, J, K, and K, which are related to the land of this case.

유사 판례

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