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(영문) 서울중앙지방법원 2019.07.25 2018가합540150
기타(금전)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. (1) The conclusion of the instant land transaction agreement and additional agreement (1) Defendant B: (a) purchased the instant land, E, and three and the buildings, respectively, the construction of which was suspended (hereinafter collectively referred to as “instant land”; and (b) together with them, purchased the instant land and the instant building; (c) on October 12, 2017, part of the said 728 square meters out of the 728 square meters of the 728 square meters in Nam-si, Namyang-si, the access road to the instant building, which is the access road, was divided into 163 square meters prior to F, 248 square meters prior to I and 317 square meters prior to J; and (d) as the access road site of this case, one of the said 248 square meters prior to I was divided into 248 square meters prior to C.

(hereinafter referred to as “the access road site of this case”) was secured and planned to proceed with the business of selling the building of this case.

(2) Around November 15, 2014, Defendant B entered into an agreement with G and H (Representative G) on the following terms and conditions (hereinafter “instant trading agreement”) with the Defendant B to purchase the instant land and buildings at KRW 1.3 billion out of the instant access site (hereinafter “instant access site”).

A:

1. G:

2. H representative G G: As to the case D of the Government District Court case B B, the following agreements are made with Party B on the condition that only the F G road owned by Party A is sold for the purpose of the project, such as the construction of the building and construction of the building, and only the F G road owned by Party B for the purpose of the project.

1. In the event of the purchase of the above real estate by Eul or the successful bid, the part of the shares of the above access road Gap is to be traded in KRW 1.3 billion.

2. B shall deposit the contract amount of KRW 100,00 to the following accounts under the pretext of the contract amount before the contract is concluded with respect to the above paragraph 1, and at the same time this agreement shall have effect.

5. B With respect to the agreed amount of KRW 100,00,000 provided by B which would not be due to unavoidable circumstances, Party A shall be notified in writing of the return.

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