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수원지방법원성남지원 2017.09.22 2016가합201483

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 500,000,000 and KRW 300,000,000 among them, from March 1, 2016, and from March 200.

Reasons

1. Basic facts

A. On May 2013, both the Plaintiff and Defendant B purchased the land indicated in the attached Table 1 list (hereinafter “each land of this case”) and concluded a joint agreement to construct and own multi-household housing on that ground.

Pursuant to the above joint project agreement, the Plaintiff and Defendant B newly built three multi-household houses on the ground of each land of this case. Of the above multi-household houses, 101 units of the above multi-household houses have completed the registration of ownership transfer in the name of E, the Plaintiff’s spouse, and the rest of 102 units and 103 units, under the name of F, the spouse of Defendant B

B. The Plaintiff’s provisional attachment on real estate in the name of F and E asserted that Defendant B and F embezzled the lease deposit on the above multi-household 101 building owned by the Plaintiff, and that Defendant B and F applied for provisional attachment on January 6, 2016, with the claim for damages against Defendant B and F as the claim for damages against the tort.

On January 28, 2016, the above court made a decision of acceptance of provisional seizure (hereinafter referred to as "provisional seizure of this case") and the registration of each provisional seizure was completed with respect to the real estate stated in the table 2 above on the same day.

C. In order to resolve the instant provisional attachment case on February 4, 2016, the Plaintiff and Defendant B entered into an agreement (hereinafter “instant agreement”) with the following terms and conditions (hereinafter “instant agreement”), and Defendant C entered into an agreement with the Plaintiff according to the instant agreement (as of February 4, 2016): The current status of Defendant B and F’s obligations (as of February 4, 2016): Total debt amount: 50 million won (in addition, the debtor’s debt amount is extended, and the present agreement is for resolving the instant provisional attachment case):

1. The repayment plan for the plaintiff and E who are the plaintiff and joint and several sureties of the defendant C;

(a)F;