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(영문) 부산지방법원 2018.07.05 2017가단321117

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

(1) On March 5, 2009, with respect to the land and buildings listed in the separate sheet (hereinafter “instant real estate”), the ownership transfer registration was completed on the ground of the sale by compulsory auction on March 5, 2009 and the Plaintiff and Defendant B with 1/2 shares, respectively.

(B) The Plaintiff’s share in the name of the Plaintiff (hereinafter “instant share”). D. On April 15, 2014, Defendant C, the shape of Defendant B, delegated the Plaintiff’s right to dispose of the instant share to Defendant C, and Defendant C paid KRW 400 million to the Plaintiff. In the event that the Plaintiff is fully paid KRW 400 million, the Plaintiff agreed to transfer the instant share to Defendant C or to the person designated by C.

【Defendant B paid KRW 200 million to the Plaintiff according to the above agreement, and notified the Plaintiff to perform the registration of ownership transfer of the instant shares by preparing for the balance of KRW 200 million, but the Plaintiff did not perform the registration procedure for ownership transfer of the instant shares. As such, Defendant B filed a lawsuit against the Plaintiff claiming the registration of ownership transfer of the instant shares under the Changwon District Court Jinwon Branch Branch 2016Ga10912.

x. On November 23, 2016, the above court rendered a judgment that "the defendant (the plaintiff in this case) received KRW 200 million from the defendant C (the defendant in this case) and then ordered the plaintiff (the defendant in this case) to implement the procedure for the registration of ownership transfer on April 15, 2014 for the real estate in this case."

The Plaintiff, who is dissatisfied with the above judgment, filed an appeal on December 7, 2014.

(v) on December 9, 2014, Defendant C participated in the agreement and entered into an agreement between the Plaintiff, Defendant B, and Defendant C (hereinafter “instant agreement”). Accordingly, the Plaintiff’s petition of appeal was dismissed on December 20, 2016 on the ground that the Plaintiff did not revise the recognition, etc. in the said court:

With respect to the transfer of ownership (No. 2016Gahap10912), Defendant B, Defendant C, and the Plaintiff agree as follows:

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