beta
(영문) 서울고등법원 2017.07.06 2016나2049861

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

가. C은 제1심 공동피고 A의 시누이남편(姑夫)이다.

C On July 1, 2011, the Plaintiff purchased from the Plaintiff for KRW 800 million each of the instant land, namely, KRW 1,043 square meters, KRW 129 square meters, KRW 142 square meters, KRW 142 square meters, and KRW 1,284 square meters in J (hereinafter referred to as “each of the instant land”). On July 20, 201, the Plaintiff completed the registration of ownership transfer in its own name with respect to each of the instant land.

B. On May 31, 2013, A completed the registration of ownership transfer of each of the instant lands from C.

On the other hand, on June 29, 2013, the instant agreement was drafted in the name A, “I agree to obtain a loan of financial rights on each of the instant land buildings and to repay you KRW 160 million first.” (hereinafter “the instant agreement”).

C. A around 2013, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the ground of each of the instant land was under construction.

A around November 7, 2013, around November 7, 2013, prepared and delivered to the Defendant a letter (No. 2-1, No. 2-1, hereinafter referred to as “instant letter”) containing the following details with respect to each of the instant real estate, thereby entering into a trade reservation with the Defendant (hereinafter “instant trade reservation”).

A on the same day, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter referred to as “the provisional registration of this case”) on each of the instant real estate based on the trade reservation.

1. In the event of failure to return KRW 250,000,000 from the respective date to the 15th day of February from the respective date ( January 22, 2014), a provisional registration for sale by 24 households shall be made ex officio by the defendant.

2. The provisional registration of a pre-sale to be settled simultaneously with the above borrowed money and the borrowed money (850 million won) drawn up with the F shall be made at the end of the pre-sale period;

(as of January 22, 2014) D.

A, on March 10, 2014, concluded a sales contract (hereinafter “instant sales contract”) with the Defendant setting the sales amount of KRW 1.1 billion with respect to each of the instant real estate.

A With respect to each of the above real estate on March 11, 2014.