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(영문) 수원지방법원평택지원 2020.03.13 2019가단6602

소유권이전등기

Text

1. The Defendant entered into an agreement on payment in kind on November 30, 2016 with respect to one-half portion of 387 square meters in Pyeongtaek-si prior to Pyeongtaek-si.

Reasons

1. According to Gap evidence Nos. 2 and 3 as to the cause of the claim, the defendant, on November 30, 2016, entered into an agreement with the plaintiff to transfer the ownership of the real estate in the order owned by the defendant (hereinafter referred to as "the real estate in this case" and the defendant's ownership of the real estate in this case among the real estate in this case, to the plaintiff on behalf of 3.5 million won in the debt amount to be paid to the plaintiff on November 30, 2016, and entered the same day into a special agreement with the seller, the plaintiff, the purchaser, and the sale price as 3.5 million won in the item column of the special agreement, stating "the defendant's ownership of 1/2 of the total area of 387 square meters (193.5 square meters) shall be the purchase price." Thus, according to the above special agreement, the defendant is obligated to implement the sale contract with the plaintiff on November 30, 2016 (hereinafter referred to as "share transfer registration procedure").

2. Judgment on the defendant's assertion

A. The Defendant asserted that the instant lawsuit was brought against the agreement on the accord and satisfaction, and confirmed that the value of the share in the instant real estate was higher than that of the existing debt owed to the Plaintiff after the agreement on the accord and satisfaction, and was promised by the Plaintiff to invalidate the agreement on the accord and satisfaction and pay the debt as originally to the Plaintiff on December 8, 2016, and to not file a civil lawsuit against the instant agreement on the accord and satisfaction. The instant lawsuit ought to be dismissed as contrary to the foregoing agreement on the suit.

According to the evidence No. 2, the plaintiff prepared and delivered a written confirmation to the defendant on December 8, 2016, stating that "the plaintiff will not be held liable for civil or criminal liability with respect to the sale and purchase of the real estate in this case," but the above evidence and evidence No. 6 are written.