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(영문) 부산고등법원 (창원) 2018.01.25 2017나20183

약정금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim and the plaintiff's claim constituting the revoked part.

Reasons

1. Basic facts

A. The defendant, E, and the plaintiff are children of the network D (hereinafter "the deceased"), who are in a pro-friendly relationship, and F is a woman of the deceased.

B. According to the Plaintiff’s order to submit financial transaction information as of May 30, 2017 to the Changwon-si, Masan-si, Masan-si, 2, and 1-1 to 6, respectively, and the No. 1-6 of the certificate of No. 1 to 1-6, and this Court’s order to submit financial transaction information to the Nonghyup Bank, the Plaintiff and the Defendant are not less than 3, and some of the lands listed in the register as the site of the building,

(2) On July 19, 2006, the Plaintiff paid KRW 175,00,000 as bid deposit on the date of sale on July 19, 2006, the bid price of KRW 2,177,700,000 as bid price by participating in the bid in the name of the Defendant and joint title with the Defendant, and was awarded the bid price of KRW 2,177,70,000.

C. On September 4, 2006, the payment deadline for the instant real estate, the Plaintiff created a maximum debt amount of KRW 1,320,000,000,000 with respect to the instant real estate, as shown in attached Table 1 (hereinafter “attached Table 1”), such as lending KRW 1,100,000 to the Plaintiff and the Defendant (hereinafter “the instant loan”) and borrowing KRW 1,100,000 with respect to the said real estate, as stated in the National Agricultural Cooperative Federation (Seoul AFFF) (hereinafter “CF”) (hereinafter “CF”), and paid the remainder of the successful bid price after deducting the said bid deposit as stated in attached Table 1 (hereinafter “Attachment 1”).

On September 4, 2006, the registration of transfer of ownership in the name of the plaintiff and the defendant was completed with respect to each one-half of the real estate of this case on September 4, 2006.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 20 (including each number, hereinafter the same), and this court.