약정금
1. The defendant shall pay 20 million won to each of the plaintiffs and 12% per annum from February 19, 2019 to the day of complete payment.
1. Facts of recognition;
A. A. On October 21, 2007, D agreed to adjust eight inherited real estate (hereinafter “instant agreement”) between the Defendant and the Plaintiffs, who were their births, including the answer remaining in the name of his father E and father F (hereinafter “instant agreement”).
Section 1 of the above Agreement states that F’s land transfer under the name of G, which is the son of D, and that Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “H”), No. 346 and No. 408 of the J (hereinafter “instant real estate”) are notarized so that it can be recognized that it is owned by the Defendant. Paragraph 2 of the above Agreement states that “When the land in the name of E is traded under the condition that the purchase and sale price of the land is KRW 2.5 billion and taxes are traded under the condition that the sale price would be 1/3 of the purchase and sale price, each of the plaintiffs and the Defendant, who are the right holder of the annual interest, shall pay KRW 200 million in return for the purchase and sale of the land in the name of the Defendant. However, the Defendant shall pay KRW 20
B. On December 16, 2010, the Defendant sold KRW 400,00 among the real estate Nos. 1 and 2 to D for KRW 600,00,000, and decided to substitute KRW 400,000 as part of the above sales amount, and received KRW 200,000,000 from D on the following day.
C. D paid KRW 130 million to the Defendant on February 29, 2012. D
The Defendant raised an objection against D with respect to the sale of K land remaining in the name of F not stated in the instant agreement to a third party after D transferred its name.
Accordingly, on September 11, 2012, D prepared a written confirmation to the Defendant on September 1, 2012, that “The amount of KRW 130 million out of the initially promised KRW 200 million at the time of receiving the price for the disposal of real estate in the name of E is to be paid. Therefore, D shall remit the balance of KRW 70 million plus KRW 80 million, and shall pay KRW 300 million at the time of receiving the purchase price of K’s land” (hereinafter “written confirmation”), and then prepare for the same year.
9. 25.150 million won was remitted.
E. The Defendant, against D, KRW 200 million out of the agreed amount of KRW 300 million based on the instant written confirmation.