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(영문) 창원지방법원 마산지원 2018.08.23 2018가단100864

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 130,00,000 and the interest rate of KRW 15% per annum from February 15, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The relationship between the parties is 1) The defendant and C are remaining, and the relationship between the defendant and C is the network D, referring to the defendant and C. 2) The plaintiff is the remaining side of the network D, and is the external third village of the defendant and C.

B. The right relationship of the F land in this case 1) F-1.8 square meters in Changwon-si, Changwon-si, Masan-si (hereinafter “F-si”).

On November 9, 1982, E was transferred to the name of E on the grounds of sale, and on January 29, 1983, a provisional disposition registration was made pursuant to the Plaintiff’s application for provisional disposition prohibiting the disposal of the instant F land (Seoul District Court Decision 83Ka386), and on December 4, 2011, E died on or around December 4, 201, and on July 16, 2013, C’s transfer registration was completed due to inheritance by consultation or division with respect to the instant F land.

3) Meanwhile, on January 21, 2015, the Plaintiff’s provisional disposition (2014Kadan3297) issued by the Changwon District Court on December 24, 2014, with respect to the instant land, was revoked on January 21, 2015. (C) The Plaintiff’s provisional disposition registration on the instant land was revoked. (i) The legal relationship on the instant G land was one of the G G land members of Changwon-si, Changwon-si, Masan-si, G 606.4 square meters (hereinafter “instant G land”) was based on the partition of co-owned property on March 5, 199. The Plaintiff’s share was transferred to the co-ownership of the Plaintiff, 9/17, the Plaintiff’s share was 5/17, and H’s share was 3/17.

2) The deceased on February 9, 2013, and C succeeded to 5/17 of the network D’s shares among the G land of this case through the division of inherited property by division. 3) C filed a claim for partition of co-owned property on the instant G land against the Plaintiff and H. On November 11, 2015, the said court acquired all the Plaintiff’s 5/17 shares on the instant G land on November 11, 2015, and the Plaintiff was sentenced to the partition of co-owned property (C, Changwon District Court Decision 2014Da14354) with the purport that C shall pay damages for delay, etc., and C’s appeal was dismissed on November 15, 2016 (C, Changwon District Court Decision 2015Na36574). The judgment became final and conclusive on December 19, 2016.

The defendant.