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(영문) 대전지방법원 2020.01.21 2019나103148

약정금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

Basic Facts

The Plaintiff and the Defendant (the Plaintiff’s penalty) have completed the registration of ownership transfer in the name of the Defendant on the following land purchased under the Defendant’s name (hereinafter “instant land”) by using the Plaintiff’s KRW 170 million, and the Defendant’s total sum of KRW 60 million as the purchase fund.

B. On May 2, 1998, the Defendant and his wife cultivated part of the instant land and resided in the instant land, on January 28, 1999, on the following grounds: (a) on July 15, 1997, 199: (b) on July 15, 1997, KRW 542 square meters; (c) on July 15, 1997, KRW 1836 square meters; (d) on May 2, 1998, KRW 420 square meters and 1270 square meters of forest land; (e) on January 28, 1999

On the other hand, 64 million won was paid to the Plaintiff out of the money that was provided as security and borrowed under the name of the Defendant.

On July 31, 2015, the Plaintiff and the Defendant drafted a notarial deed of a monetary loan contract for consumption (hereinafter “notarial deed of this case”) stating that the Defendant borrowed KRW 170 million to the Plaintiff, and that he/she consented to compulsory execution by August 31, 2015.

The Plaintiff and the Defendant again concluded an agreement on the distribution, settlement, etc. of the purchase price of the instant land (hereinafter “instant agreement”) with the following contents on the date of preparing the instant authentic deed.

When selling and selling the land of this case, the sale price distribution shall be distributed according to the investment ratio between the plaintiff and the defendant.

As of July 31, 2015, the Plaintiff, as of July 31, 2015, confirmed that the Defendant had a debt of KRW 64 million, and preferentially pays the said debt at the time of selling and selling the instant land.

Provided, That the Plaintiff shall pay interest on KRW 64 million from February 2016.

The secured debt of the right to collateral security established on the instant land as of July 31, 2015 is liable to the Defendant as the Defendant’s debt.

When selling the instant land in KRW 400 million, the Defendant’s facility cost of KRW 70 million shall be deducted from the purchase price, and if the purchase price exceeds KRW 400 million, the excess amount shall be paid to the Plaintiff.

The Plaintiff, a creditor under the Notarial Deed of this case, is the instant case.