약정금
1. The following part of the judgment of the court of first instance shall be revoked:
The Defendant-Counterclaim Plaintiff (Counterclaim).
The main lawsuit and counterclaim are also finite.
1. Basic facts
A. On November 2002, the joint investment agreement between the Plaintiff, the Defendant, and the non-party 3 agreed to the effect that “The Plaintiff, the Defendant, 1/4, and 3, investing 1/2 and 1/2, as well as the entire real estate in the attached list (hereinafter “instant real estate”), which is the land within the land transaction permission zone, shall be referred to as “the instant real estate”; among them, real estate Nos. 1 through 3 of the attached list No. 1 and 4 through 12 of the attached list, shall be sold in the Plaintiff’s name and distributed profits by disposing of the real estate under the Plaintiff’s name (hereinafter “joint investment agreement”).
Accordingly, on November 28, 2002, the Plaintiff purchased the instant real estate in the name of the Plaintiff and completed the registration of transfer in the procedure for compulsory auction by Seoul Central District Court C.
B. On December 6, 2002, the Plaintiff established the right to collateral security under the joint investment agreement of the Defendant, etc., and registered the establishment of the right to collateral security of KRW 300 million with respect to the first real estate to D, who is the representative of D and three others on December 6, 2002, and registered the establishment of the right to collateral security of KRW 300 million with respect to the first real estate on December 21, 2002, respectively.
However, 8 years have passed since the instant joint investment agreement, the instant real estate was not disposed of, but D filed an application for auction with the Seoul Central District Court (E) to enforce the right to collateral security against the first real estate. Accordingly, the Seoul Central District Court commenced the auction procedure for the first real estate (hereinafter “instant auction procedure”) on March 23, 2010.
C. On October 18, 201, when the instant auction procedure was in progress, the Plaintiff and the Defendant agreed with respect to the instant real estate (hereinafter “instant agreement”) as follows.
1. The defendant and the plaintiff share one half of the auction dividends for the first real estate.
2. The defendant and the plaintiff shall also have half the rights to the second real estate.