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(영문) 대구지방법원서부지원 2015.12.18 2015가합6594

약정금

Text

1. The defendant 40,865,978 won, 93,91, 751 won, 81, 731, 957 won, and 59,64.

Reasons

1. Basic facts

A. On April 25, 1998, between the Plaintiff A, B, D and the Defendant’s wife, in order to settle the obligations of G with respect to the Plaintiffs, Defendant, and H, the following agreements were prepared, and the following provisions were deleted through mutual consultation:

(1) In order to pay off the debt of the Plaintiffs, the creditors of G, the Defendant, and the Defendant, and H, acquire J-si, J-si, J-si, J-si, J-si, the husband of G, and K-si, the land of this case (hereinafter referred to as “instant land”), and thereafter, G and the creditors, the obligor, file a civil objection, the Defendant, the representative of the obligee, is responsible for all issues.

In addition, the transfer of ownership of the land of this case to the defendant will be agreed upon by six creditors.

Do. L, as the G’s joint and several sureties currently redeems the housing loan to the housing bank of Plaintiff B, the principal debtor, in the position of joint and several sureties, and thereafter, in the event that the land of this case is sold and sold to creditors, the shares of Plaintiff B shall be returned to L.

B. On June 15, 1998, I completed the registration of ownership transfer for the land of this case to the Defendant on the ground of sale on March 15, 1998, pursuant to the agreement of this case.

C. Meanwhile, the Defendant received KRW 446,651,600 as the compensation for expropriation ruling on April 30, 2014, and received KRW 4,994,00 as the compensation for objection on April 21, 2015 as the compensation for expropriation ruling.

(hereinafter referred to as "compensation for expropriation of this case"). 【No dispute exists, Gap evidence 1 through 5, Eul evidence 9 through 18, witness G testimony, the purport of the whole pleadings.

2. The assertion and judgment

A. The alleged plaintiffs are the grounds for the claim. The agreement of this case representing the plaintiffs, the defendants and H, who are creditors of G, and the defendant representing the defendant and H, manage the ownership of the land of this case by acquiring the ownership of the land of this case and selling the price to the creditors