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(영문) 창원지방법원마산지원 2016.08.24 2015가합100167

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 300,00,000 and the interest rate of KRW 15% per annum from June 27, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 13, 2009, the Plaintiff and the Defendant concluded an agreement that the Defendant constructed a residential and commercial facility (which consists of one building and one G1 unit; hereinafter collectively collectively referred to as the “instant building”) on the ground of the land provided by the Plaintiff (hereinafter collectively referred to as “instant land”), 3 lots of land (hereinafter referred to as “instant agreement”) located on the land owned by the Plaintiff (hereinafter collectively referred to as “instant land”), Gyeong-gun, Seoul-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, 168 square meters, E, 183 square meters, and 1,183 square meters; hereinafter referred to as “the instant land”). The Plaintiff and the Defendant concluded an agreement that the original Defendant would distribute profits from the sale, etc. in lots (hereinafter

B. In the instant contract, the Plaintiff agreed to transfer the ownership of the instant land to the Defendant so that the Defendant may obtain a loan of the instant land as security and use it as construction cost, and accordingly, the registration of transfer of ownership of the said land was made in the future of the Defendant around December 29, 2009.

C. After that, the original Defendant A’s Certificate No. 3 (Agreement) states “Plaintiff” and “Stock Company H, the representative director of which are the parties to the contract, but in fact there is no dispute between the Defendant and the parties to the contract. On October 12, 2010, the Defendant modified the instant contract and agreed to set up a collateral security right on the instant land in order to secure the payment of the land price.

Accordingly, on October 13, 2010, the establishment registration of a neighboring mortgage-holder and the maximum debt amount of KRW 1,790,000 (hereinafter “establishment registration of a neighboring mortgage-holder”) was completed with respect to the instant land.

After that, on December 30, 2010, the Plaintiff was paid KRW 550 million from the Defendant for the instant land, and the Plaintiff cancelled the registration of the establishment of the establishment of the neighboring land of this case, which was established on the instant land, and the Defendant is the name of H (hereinafter “H”) in which he is the representative director.