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(영문) 창원지방법원 2018.11.22 2017가합51719

약정금

Text

1. The plaintiff's lawsuit shall be dismissed.

2. The claims of independent parties intervenors are all dismissed;

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff and H’s land purchase promotion 1) H is the Plaintiff and H’s land purchase promotion 7,796.5 square meters in Changwon-si and JJ 3,778.2 square meters (hereinafter “instant land”).

A) Each of the 1,157,470 shares 58,312 shares 58,312 shares 2) H around August 2003, the Changwon District Court reported a preferential purchase to the auction court in the auction procedure for K real estate rental, and received a decision to permit sale in KRW 3,539,295,200 for the proceeds of sale.

At the time H was engaged in real estate brokerage business because it was not capable of paying KRW 353,929,520 as bid deposit, and the Plaintiff, who became aware of such circumstances, paid the bid deposit on behalf of the Plaintiff.

B. Defendant B, the Plaintiff, and the H agreed 1) were in the crisis of loss of KRW 353,929,520 of the bid bond that was already paid due to the failure to prepare the remainder by the payment deadline, and the Plaintiff asked Defendant B to make an investment in the sale balance of the instant land upon introducing Defendant B via L and M. 2) Defendant B, his spouse, on May 25, 2004, on behalf of Defendant D and H, the Plaintiff, and H, paid the remainder of the sale to the auction court on behalf of H. However, H paid the remainder of the instant land (1,157,470, 58,312 shares) by selling the remaining shares (1,157,470,000 of the instant land) acquired by the auction to the Defendants at the same time as the ownership transfer registration agreement was made with respect to the ownership transfer registration under the name of the Defendants.

C. On May 28, 2004, H transferred the transfer of ownership in the name of the Defendants with respect to the instant land to Defendant C on May 28, 2004 with respect to the existing shares of H (58,312 shares) in the instant land (1,157,470 shares) on May 25, 2004.