beta
(영문) 서울북부지방법원 2016.12.13 2015나5833

약정금

Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to be paid below.

Reasons

1. Basic facts

A. On November 5, 2009, the Defendant, from M, sold the said land and the instant building to E on December 8, 2009 as “the condition that the Defendant undergo a completion inspection after substantial repair of the said building,” and the Defendant and E agreed to receive any balance after undergoing the completion inspection of the said building.

The defendant completed the registration of ownership transfer of the above land to E on January 15, 2010.

On the other hand, on February 27, 2012, F forest land was divided into 433 square meters.

B. On August 22, 2011, the Plaintiff received the registration of ownership transfer from G for C forest land 916 square meters.

C. The land D before the said subdivision and C are adjoining each other, and it is necessary to pass through C to enter the land from D before the said subdivision to the west side.

E obtained consent from G to the use of land with respect to 102 square meters out of 916 square meters of the above C forest land around June 2010.

Although the Defendant intended to undergo a completion inspection on the instant building, the competent authority rejected the completion inspection on the said building on the ground that there was no access road to the said land, and thus the Defendant was unable to receive the remainder payment from E, the Defendant requested the Plaintiff to allow the Plaintiff to use part of the said C forest land as a road. On February 27, 2012, the Plaintiff divided a part of the said C forest land into H forest and 102 square meters among the said C forest and 916 square meters.

(F) On June 13, 2012, the land category of H land was changed to a road. (E)

Accordingly, the completion inspection of the building of this case was completed on May 2012, and E completed the registration of ownership preservation on August 27, 2012.

F. Since November 2012, I, the spouse of the Plaintiff, as a party to I and the Defendant as the party, drafted the following agreements (hereinafter “instant agreement”).

D..