약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff transferred KRW 50,000,000 to the Defendant account in relation to the development project, etc. of the forest land of KRW 96,298 square meters (in the case of the above real estate, it was divided into D, E, F, G, H, and I, and became 51,522 square meters of forest land. Following the following: (a) the Plaintiff transferred KRW 50,000,000 on September 30, 200, and KRW 10,000,000 on November 23, 2009, in total, KRW 50,000,000,000 on September 30, 2009.
B. The J Co., Ltd. established the instant right to collateral security is a company aimed at real estate development business, etc., and the Defendant’s husband K is the representative director.
J Co., Ltd. completed the registration of ownership transfer on October 19, 2009 for the instant real estate on August 24, 2009.
On October 19, 2009, J established the right to collateral security of KRW 169,000,000 with respect to the instant real property and superficies of KRW 30,000 with respect to the duration of the right to collateral security and superficies of KRW 250,000 with respect to L’s maximum debt amount.
J, on July 4, 2012, with respect to the instant real estate, set up a collateral of KRW 300,000,000 with the maximum debt amount, and set up a collateral of KRW 70,000,000 with respect to the Plaintiff (hereinafter “instant collateral”).
C. On August 2, 2013, the procedure of the voluntary auction was initiated on August 2, 2013 upon the motion of the Eunpyeong-gun Forestry Cooperatives Association to proceed with the procedure of the voluntary auction and to conclude the instant agreement.
(Skcheon District Court N. The Plaintiff and the Defendant agreed on September 1, 2013 when the Plaintiff consulted on whether and not to return the transferred money and the scope thereof.
(hereinafter “instant agreement”) By December 31, 2013, the Defendant shall pay KRW 15,000,000 to the Plaintiff by December 31, 2013.
2. The Plaintiff shall transfer to the Defendant the amount equivalent to KRW 70,000,000,000, which was established on the instant real property.
The auction procedure was sold on March 3, 2014 on the second sale date after the date of the first sale.
The successful bidder on April 7, 2014.