약정금
1. The defendant's appeal is dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
3. The appeal costs.
1. The court's explanation on this part of the facts of recognition is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff’s agreement in this case includes an agreement to distribute the compensation for expropriation under the condition of suspension when the land in this case is expropriated.
Therefore, the Defendant is obligated to pay to the Plaintiff 46,570,800 won (i.e., KRW 155,236,000 x 15/500) for compensation equivalent to the Plaintiff’s share (15/50) out of KRW 155,236,00.
B. Unless the content of the agreement in this case contains no indication on the land expropriation and the distribution of compensation money, and there is no circumstance to presume it, the Plaintiff may not claim against the Defendant for the distribution of the compensation for land expropriation on the basis of the agreement in this case.
3. Determination
A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence before the contents of the instant agreement, the testimony of the witness J of the first instance trial and the purport of the entire pleadings, namely, ① the Plaintiff et al. revealed the fact that the shares of the deceased et al. and the deceased H were transferred to the deceased E without permission during the process of distributing compensation for the instant land, and ② the Plaintiff et al. anticipated that the instant land would have been expropriated between full time, as the land was adjacent to the instant land at the time of the instant agreement; ③ accordingly, the instant land would have been anticipated to be expropriated; ③ accordingly, the instant land would have maintained the registration of transfer under the name of the deceased E without filing a transfer registration under the remaining successors; and ④ the Plaintiff et al. agreed to distribute the compensation if the instant land was expropriated and paid after the expropriation; ④ The Plaintiff et al. agreed to consult with each other, depending on the economic situation at the time of the expropriation of the instant land.