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(영문) 수원지방법원성남지원 2016.07.22 2015가합205778

약정금

Text

1. The Plaintiff:

A. Defendant B’s claim against D that the Plaintiff acquired from the Plaintiff on May 17, 2010.

Reasons

1. Basic facts

A. The Plaintiff related to the parties is a transferee of the right to collateral security from Defendant B who became aware of through the newspaper advertisement, and Defendant C is a real estate broker who mediates the above transfer contract.

B. On May 17, 2010, the Plaintiff concluded a transfer contract and notified the following bonds (hereinafter “instant bonds”) with Defendant B.

) The instant mortgage and the right to collateral security (hereinafter referred to as the “instant mortgage”).

(2) The transfer contract of this case (hereinafter “instant transfer contract”)

The transferor (Defendant B, hereinafter the same) entered into a contract.

(1) The debtor D Co., Ltd. (formerly, Co., Ltd., Ltd.; hereinafter referred to as “Nonindicted Co., Ltd.”)

On November 30, 2004, the lower court acquired the right to collateral security on the following real estate and registered under No. 119820 on December 1, 2004 with respect to KRW 1,00,000,000 with respect to the said right to collateral security and the relevant claim (a mutually agreed to transfer to the Plaintiff). The indication of the right to collateral security and the relevant claim is given to the Plaintiff.

1. Equity shares of 2,443.966/4,618 (the whole part transferred to collateral security six times in Dong-gu) in the area of 4,618 square meters in Seo-gu Daejeon Special Metropolitan City;

2. Shares of 1,771.33/5,314 (the whole part to be transferred a neighboring mortgage No. 11, Gu, No. 11) among the 1,162 square meters in Seo-gu Daejeon Special Metropolitan City.

3. The Defendant B notified the non-party company of the transfer of the instant bonds and the right to collateral security on the same day, and notified the non-party company of the transfer of the instant bonds and the right to collateral security on the same day. (C) On May 17, 2010, the Plaintiff and Defendant B sent a written agreement with the following: “In the event that the transfer of the instant collateral security is impossible or the transfer of the right is defective due to different payment certificates from the fact, it shall be immediately returned KRW 1 billion” (hereinafter referred to as the “written agreement”).

No. 1 billion won in the certificate of payment, and the above amount shall be around October 2004 by the non-party company.