약정금
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Basic facts
A. A. Around March 27, 2008, the public auction procedure was conducted with respect to each real estate owned by a limited liability company C (hereinafter “C”), such as the 601th floor D Nos. 601 (hereinafter “instant building”). Around March 27, 2008, the Defendant, the representative director of C, proposed to the Plaintiff that “the Plaintiff will transfer the instant building and the pertinent real estate to the Defendant’s name and pay expenses and remuneration subsequent thereto after purchasing the instant building and the instant real estate (hereinafter “instant 107”) and 801 in the public auction procedure.” Accordingly, the Plaintiff participated in the public auction procedure and purchased the instant building on May 26, 2008.
B. On January 19, 2009, the Plaintiff sold 801 units of the above real estate to the lower company, and completed the registration of ownership transfer on March 11, 2009, and on March 11, 2009, on March 11, 2009, entered into an agreement with the Defendant and the instant building and the instant building No. 107 as follows (Evidence 1; hereinafter “instant agreement”).
1. Regarding No. 107 of this case, the title transfer key is up to June 30, 2009.
2. As to the instant building, KRW 120,000,000 as a payment key until June 30, 2009 is the name transfer key.
3. The sale price of the building of this case at the time of the transfer of title shall be 450,000,000 won.
(Provided, That the part of the transfer tax against the plaintiff as to the matters of paragraphs 1, 2, and 2 shall be liable to the defendant. If the plaintiff does not comply with paragraphs 1, 2, and 3, the plaintiff shall not be held liable to the Do residents and criminal liability for the sale of the plaintiff.)
C. Meanwhile, on May 26, 2008, the Plaintiff purchased the instant subparagraph 107 in accordance with the Defendant’s proposal in the public sale procedure, and completed the registration of the establishment of a collateral security agreement with Honam Solomon Mutual Savings Bank and the Plaintiff as the debtor regarding the instant subparagraph 107 on the same day with the maximum debt amount of KRW 949,00,000,000. The Plaintiff completed the registration of the establishment of a collateral security agreement on the same day. < Amended by Act No. 9497