beta
(영문) 인천지방법원 2015.09.24 2015가합1143

합의약정금

Text

1. The defendant shall pay 160,000,000 won to the plaintiff and 20% per annum from February 24, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On June 26, 2015, the Defendant is the head of C who died on June 26, 2015, and the Plaintiff is the remainder of the said C, and D and E are the young children of the original and the Defendant.

B. The Defendant’s conclusion of a sales contract and the Plaintiff’s provisional registration (1) The Defendant: F and G (hereinafter “Buyers”) on behalf of C on April 21, 2014.

(C) Between B and C, the land and the ground buildings owned by B (hereinafter referred to as “instant real estate”).

(2) The sales contract to sell the purchase price of KRW 4.8 billion and subsidies for expenses incurred in surrendering KRW 5.1 billion in total (hereinafter “instant sales contract”).

In concluding the contract, KRW 1 billion was agreed to receive KRW 1.8 billion from the buyer’s account on April 21, 2014, and KRW 1.8 billion from the intermediate payment on June 12, 2014, and KRW 270 million from the remainder of intermediate payment on December 11, 2014, and KRW 1.73 billion from the remainder of KRW 1.73 billion on January 14, 2015. (2) The Defendant received KRW 1 billion from the buyer’s account on April 21, 2014, and KRW 1.8 billion from the intermediate payment on June 21, 2014, respectively.

3) On July 2, 2014, in order to prevent the progress of the instant sales contract concluded by the Defendant, the Plaintiff’s provisional registration of purchase and sale reservation (hereinafter “instant provisional registration”) under the receipt of the Incheon District Court’s North Incheon District Court’s receipt of registration office (hereinafter “instant real estate”).

(C) The Plaintiff, upon the delegation of C, filed a lawsuit to nullify the invalidity of the sales contract as the Incheon District Court 2014Gahap55310 in the name of C around June 2014, and the buyer filed a counterclaim to seek ownership transfer registration, etc. under the said sales contract.

The plaintiff filed a criminal complaint against the defendant on behalf of C for the reason that the defendant had concluded the above sales contract without authority.

2 On August 6, 2014, the buyers filed a lawsuit against the Plaintiff for the cancellation of the provisional registration of this case against the Incheon District Court 2014Gahap56450, and the Defendant above.