(영문) 의정부지방법원 2014.12.02 2014가단4675

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(영문) 의정부지방법원 2014.12.02 2014가단4675

계약금 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around January 2004, the Plaintiff entered into a contract for the purchase of land with C with D Co., Ltd. (hereinafter “D”) on the construction of multi-family housing (F new construction works; hereinafter “instant project”) that D Co., Ltd. was being promoted in Seosan-si E (hereinafter “instant project site”) on the land in the said project site and transferred the purchase work for the land in the said project site, the Plaintiff would be entitled to 50% of the enforcement profit from D, and the Plaintiff would be entitled to 50% of the enforcement profit from the said company’s investment in the project. On January 25, 2005, the Plaintiff entered into a contract with C as follows.

① A (Plaintiff) input of KRW 7-80 million and entered into a sales contract for the project for the project for the implementation of apartment lots of 25 lots outside Seosan City, Seosan-si, where D and Eul are being promoted.

(2) A, by February 28, 2004, shall transfer the right to a sales contract to D after the completion of the land sales contract.

Provided, That the down payment paid by A shall be preferentially paid, and the right to the contract shall be vested in A until it is performed.

In addition, if B fails to comply with this Agreement, it may not raise an objection even if A arbitrarily disposes of it.

(3) A and B shall jointly designate and proceed with a land work service provider, and fully cooperate with B so that A may conclude a land contract.

(4) Eul shall pay Gap 50% of its implementation profits (50%) paid from D.

B. On January 204, the Plaintiff and C entered into a consulting service agreement with H and I, a specialized real estate broker, with the Plaintiff and C as the contractor, and H and I as the contractor, and the contractor entered into a consulting service agreement with the contractor with the content that the contractor carries out the affairs necessary for the purchase and sale of the instant project site, the sale price adjustment, the housing construction project approval, the housing construction project cooperation, and the purchase and the approval of the project. 2)

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