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(영문) 의정부지방법원 2017.02.24 2016가단16665

약정금

Text

1. The Defendant’s each of the Plaintiffs’ KRW 14,470,625 as well as 5% per annum from May 24, 2013 to May 9, 2016.

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence 1-1-4, Gap evidence 2-1, 2-2, Gap evidence 3, 4, and 5. The whole purport of the pleadings may be considered.

(1) The reason why the change in the ownership of four lots, such as land G-gun, Gyeonggi-do, owns 75 square meters prior to G-gun, Gyeonggi-do, 195 square meters prior to G-gun, Gyeonggi-do, 2 square meters prior to G-gun, Gyeonggi-do, and 2 square meters prior to G-gun, Gyeonggi-do, (hereinafter referred to as “the land of this case”).

(2) On December 27, 2006, H completed the registration of ownership transfer in the future of the Defendant with respect to the land No. 1 of this case.

(3) On March 21, 2008, the Defendant completed the registration of the establishment of a neighboring agricultural cooperative (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage”) with respect to the land No. 1 of this case, which is the maximum debt amount of KRW 35 million, and the creditor Hyeong-gun Agricultural Cooperative (hereinafter “Gamyeong-gun Agricultural Cooperative”) in the future of Pyeongtaek Agricultural Cooperatives.

(5) On April 30, 2013, Pyeongtaek-gun completed the registration of ownership transfer on the land of this case among the land No. 1, and on the land of this case other than I land on May 16, 2013, the remaining land No. 1, other than the land of this case, due to consultation on public land.

(6) The instant mortgage was cancelled on May 10, 2013.

B. Around November 2006, the Defendant prepared a letter stating that 50% of the rights to the land of this case shall be transferred to the Plaintiffs (hereinafter “the first letter”) and delivered it to the Plaintiffs.

C. The Defendant received KRW 115,765,00 in total, including KRW 82,387,50 on May 7, 2013, and KRW 33,377,50 on May 23, 2013, as compensation for expropriation of the instant land No. 1.

(1) On December 3, 1986, the Plaintiffs completed the registration of ownership transfer with respect to each of 1/17 shares out of the 1/122 square meters of the Liquefied-gun, Gyeonggi-do (hereinafter “instant 2”) prior to the merger.

(2) On December 4, 2006, the plaintiffs all of the plaintiffs' shares in the land No. 2 of this case on December 1, 2006.