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(영문) 대전지방법원서산지원 2015.09.02 2015가단2258

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant divided several stories in C and si, and ordered C to instruct C to place two stories on the name of the defendant, including D, and four other persons, including the defendant, affixed their seals, and written an agreement (Evidence A No. 3, hereinafter "the agreement of this case").

Therefore, since the written agreement of this case is effective for the defendant, the defendant must pay to the plaintiff the sum of KRW 21,137,506, including the registration cost (However, the changed claim stated as KRW 21,137,000) and damages for delay.

2. Determination

A. Indication of the content of the instant agreement (Evidence A 3): The omitted real estate is the ownership of the decedent (E) and when the registration of ownership transfer which was already inherited by the agreement on division of inherited property is cancelled, and when re-division of inherited property is re-divided, all the inheritors shall guarantee the 19th (in the case of re-division of inherited property), respectively: Provided, That the above 19th (sale Price 20,000,000, buyer: F) imposed on A/F for the said 19th (sale Price 20,000,000, buyer: F) are liable for each of the successors.

on July 26, 2007, the total representative of B General Director (a seal)

B. There is no dispute between the parties as to the fact that the Defendant’s wife C puts the Defendant’s name and affixed it to the Defendant’s name.

Thus, the issue of this case is whether the agreement of this case is effective to the defendant.

In order for the instant written agreement to be effective for the Defendant, C shall be entrusted with the preparation of the instant written agreement by the Defendant, or ② the preparation of the written agreement shall be within the scope of the right of attorney of the instant household affairs.

The defendant's defense of alteration is rejected as it is without merit in light of the form, content, and preparation of the agreement in this case.

In addition, the claim of this case is not seeking the implementation of the procedure for ownership transfer registration, and it is "19 square meters" among the contents of the agreement of this case.