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(영문) 부산지방법원 2019.09.27 2018가단1021

약정금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On July 12, 2017, the Plaintiff entered into a sales contract with Nonparty C with respect to G, E, F, and G 4 lots (hereinafter “instant real estate”) from Gyeongbuk-gun, Ulsan-gun, and issued all necessary documents prior to the registration.

C According to the above sales contract, if the Plaintiff cancelled the provisional attachment KRW 100 million of the Credit Guarantee Fund and KRW 100 million of the provisional attachment of H and completed the registration of ownership transfer, the Plaintiff agreed to pay the amount of the cancellation of the attachment.

Therefore, the plaintiff has a claim of KRW 200 million against C.

B. In accordance with the above sales contract, the Plaintiff: (a) delivered all the registration documents of the instant real estate pursuant to the above sales contract; (b) the instant real estate was transferred by the Plaintiff (I) to the Defendant; and (c) C was paid to the Plaintiff upon receiving the payment from the Defendant; and (b) the need for preservation is recognized as having close relation

C. According to Article 4(5) of the Hotel Business License and Land Sale Contract concluded on August 4, 2017 between the Defendant and the Defendant, C has the right to claim the Defendant to pay the amount of KRW 1,035,00,000,000, in total of the expenses for repayment deposit and the expenses for termination of collateral security.

Therefore, according to the theory of the lawsuit, the plaintiff shall exercise the right to claim the payment of the agreed amount against C in subrogation of C as the preserved right.

2. Determination:

A. According to the existence of the preserved claim and the overall purport of the statements and arguments stated in Gap 1 through 7, the plaintiff and Eul entered into a contract on July 12, 2017, stating that "the plaintiff shall resign from K representative director and transfer 5% of shares at K representative director, and that C shall pay KRW 740 million to the plaintiff on the condition that the real estate in this case is transferred, and that provisional attachment 100 million should be separately settled," and "C shall confirm the defendant who paid KRW 100 million of L provisional attachment on November 27, 2017, and on November 1, 2017."