기타(금전)
Defendant (Appointed Party), Appointed C, and D are jointly and severally liable to the Plaintiff for KRW 400,000,000 and the Plaintiff on January 1, 2018.
1. Basic facts
A. The Plaintiff is the birth of the deceased E (hereinafter “the deceased”), and the Defendant (the appointed party, hereinafter “Defendant”), the appointed party C, and D (hereinafter “Defendants”) are the children of the deceased.
B. On January 9, 2010, the Plaintiff purchased approximately 13,000 square meters of land in the 1989, and held title trust with the deceased. The deceased arbitrarily disposed of a part of the land to a third party. The Plaintiff drafted an agreement with the deceased on January 9, 2010 with the following contents.
Party A (name, hereinafter the same shall apply) and Party B (name, hereinafter the same shall apply) agree to the disposal of land located in Gangnam City F, as follows:
A’s owned G, H, I, and J’s total size of KRW 50,640,000,000 KRW 450,000,000,000 in the name of A.
The sum of K, L, M, and N, total of 2,700 square meters, which are jointly owned by two other than Eul under the name of Gap, shall be 243 billion won for Gap.
A shall pay 48 million won to B for the sale price of approximately 1,600 square meters in total of land O, P, and Q that already sold.
Within April 30, 2010, the sum of the above-mentioned subscription price and the sale price shall be KRW 741 billion,00,000,000,000 to B.
In the event that Paragraph 4 was not performed by the due date, Section A will cancel all of the collateral security established on the said land and transfer the ownership of the land under the name of Section B to a person designated by Section B within June 30, 2010.
At this time, Gap shall pay 48 million won to Eul.
C. The Deceased paid to the Plaintiff KRW 250 million out of the total amount of KRW 740,100,000,000 under the above agreement and the total amount of KRW 741,000,000, and died on July 18, 2016.
From September 2017, the Defendants, following the deceased’s death, prepared and sent to the Plaintiff a letter of performance of the following obligations (hereinafter “instant letter of performance”).
On July 18, 2016, the deceased was trusted in the name of the deceased.