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(영문) 창원지방법원마산지원 2013.11.08 2013가합1525

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 15, 1992, the deceased D, who was the owner of 1,914 square meters in the Masan-si, Changwon-si, Changwon-si (hereinafter “instant real estate”), succeeded to 3/17 equity (hereinafter “instant equity”), F, G, H, the Plaintiff, the Defendant, I, and J, each of 2/17 equity (hereinafter “instant equity”), and completed the inheritance registration on January 28, 1997.

B. On December 16, 1998, the registration of the transfer of shares of the deceased E was completed to the defendant on the ground of the gift of December 7, 1998.

C. The deceased E died on September 4, 2002.

Co-owners of the instant real estate, including the Defendant, sold the entire share to K on March 26, 2013, and the amount equivalent to the instant share out of the sale price is KRW 130 million.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff’s assertion E attempted to donate the instant shares to the Plaintiff, the Plaintiff’s donation of the instant shares to the Plaintiff would be subject to provisional seizure from the Plaintiff’s creditors, and thus, the Defendant donated the Defendant on December 7, 1998 and completed the registration of ownership transfer. At the time, the Defendant agreed to pay the Plaintiff the amount equivalent to the instant shares if sold.

In addition, around August 2012, the Defendant promised to pay the Plaintiff money equivalent to the instant share if the instant real estate is sold to the Plaintiff in the place where the original Defendant couple, H couple, I, and J are gathered.

Therefore, pursuant to the above agreement dated December 7, 1998 or agreement around August 2012, the Defendant is obligated to pay to the Plaintiff KRW 130 million, which is the selling price of the instant share.

B. The testimony of H, consistent with the Plaintiff’s assertion, is difficult to deem that the deceased E has a special reason to donate the instant shares to the Plaintiff, and H stated that the instant real estate was inherited by H, I, and J, a female sibling.