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(영문) 창원지방법원마산지원 2015.05.14 2014가단9628

약정금

Text

1. The defendant shall pay 65,00,000 won to the plaintiff and 25% per annum from October 1, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 17, 2012, with respect to 103, Dong C 1, Dong C (hereinafter referred to as "Do Lending"), Gyeong-gun, Gyeong-gun, Gyeong-gun, (hereinafter referred to as "Do Lending"), the registration of ownership transfer was completed on May 17, 2012; the registration of ownership transfer was completed on May 17, 2012, for sale as of May 21, 2012, for G and H; the registration of ownership transfer was completed on June 11, 2013, for sale as of June 11, 2013.

B. On May 29, 2013, with respect to Down 302, the registration of ownership transfer was completed in the name of the Defendant’s his/her father’s husband and wife on March 13, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Plaintiff completed the registration of transfer of ownership under the name of referred F with respect to Do Borrowing No. 103 in order to pay the construction cost from Do Borrowing owner.

G (Defendant’s wife) and H requested the Plaintiff, who did not proceed with the auction procedure in accordance with the meaning of the Plaintiff’s lien report, for the following reasons: (a) G (Defendant’s wife) and H, who completed the registration of the establishment of a new mortgage on the same day; (b) applied for a two-time auction on the basis of the foregoing collateral security; (c) however, (d)

Accordingly, the Plaintiff and the Defendant agreed to the effect that “the Plaintiff transferred the Plaintiff’s ownership of Dogra 103 to H, and the Defendant paid the Plaintiff the interest of KRW 70 million and 25% per annum on the basis of the agreement and the purchase price with respect to Dogra 103, and if the Plaintiff fails to perform this, Dogra 302, the ownership of which has been transferred in the Defendant’s father’s name, shall be transferred to the Plaintiff.” The Defendant prepared and delivered each letter on these several occasions (Evidence 2, 3 and 4) to the Plaintiff.

In accordance with the above agreement, the Plaintiff completed the registration of transfer of ownership with respect to Nos. 103 of H, and thus, the Plaintiff entered the last 4,000 won of the agreed amount in the Defendant’s last 65 million won.