약정금
2016dan521583 Agreements
A
1. B housing association;
2. C
Pleadings without Oral Proceedings
October 25, 2016
1. The Defendants shall pay to each of the Plaintiff 150,00,000 won with 5% interest per annum from September 24, 2015 to August 29, 2016; 15% interest per annum from the next day to the day of full payment; Defendant C shall pay to each of the Plaintiff 15% interest per annum; 5% interest per annum from September 24, 2015 to July 6, 2016 to the day of full payment; and 15% interest per annum from the next day to the day of full payment.
2. The costs of lawsuit are assessed against the Defendants.
3. Paragraph 1 can be provisionally executed.
The same shall apply to the order.
1. Indication of claim;
The reasons for the attached Form shall be as shown in the attached Form.
2. Grounds-
Judgment without Oral Pleading (Articles 208(3)1 and 257(1) of the Civil Procedure Act)
Judges Kang Jae-chul
Cheongwon of the Gu
1. Status of parties;
The Plaintiff is a co-owner of 461 square meters of forests and fields D in Y in Seosung-si in Gyeonggi-do, and is a co-owner of Nonparty E, F, and G’s mother H (Death on January 14, 2009). The Defendant Union is an organization that purchased the above real estate from the heir of the above H on July 23, 2015 and obtains authorization for the establishment of the Housing Association under the Housing Act from the Sungsung market on February 17, 2015. Defendant C is the representative of the said association.
2. Details of the preparation of the written agreement;
A. At the time of the survival of Ha, the plaintiff, who is a person in the external village, wishes to purchase the above real estate (I), the non-party I, referred to as the chairman of the promotion committee of the defendant association, around 2007, at the time of the survival of Ha, delegated the plaintiff with the business of selling and buying the above real estate (I) to the plaintiff who resides in the Seoul at the time of the death of Ha.
B. While the Plaintiff and the Defendant shocked the land price, the above H’s purchase procedure was suspended on January 14, 2009 due to the aggravation of the earth’s disease, and the age of 70 years old.
C. After five years have passed since the defendant union's promotion committee entered into a contract between the plaintiff and the heir of the above H and the defendant union to sell and purchase the above land, and if the sale and purchase was made, the defendant union's promotion committee entered into a contract between the above heir and the defendant's electronic promotion committee for the defendant union with a sale price of KRW 150.00,000 in return for the plaintiff's efforts. On March 21, 2014, the plaintiff and the defendant's electronic promotion committee entered into a contract between the above heir and the defendant's electronic promotion committee for the sale and purchase price of KRW 2,402,00,000, and at the same time, the plaintiff and the defendant union promotion committee entered into a payment agreement for KRW 150.00,000 and the time for the payment of the agreed amount was made at the time
3. The defendant's non-compliance
A. The Defendant Cooperative Promotion Committee decided to pay the above purchase price within September 15, 2014. On July 31, 2014, i.e., each real estate sheet, each of which would pay overdue interest of 14% per annum upon the expiration of this period.
B. However, the Defendant Association's principal promotion committee failed to comply with the sales contract and the heir of the instant real estate was aware that the Defendant Association's promotion committee did not have the ability to purchase and had contact with other buyers.
4. Circumstances leading to the sale.
A. On July 2, 2015, more than one year ago, the representative C of the Defendant Partnership found the Plaintiff and intended to purchase the instant real estate at the market price in proportion to the Plaintiff’s real estate price. On the other hand, the Defendant Association’s promotion committee proposed that the transfer of ownership to the instant real estate would make a payment of KRW 150,000 upon completion of the transfer of ownership to the instant real estate.
under an agreement with which payment is promised, and the Plaintiff
On July 23, 2015, the heir of the real estate in this case was allowed to purchase the real estate in gold KRW 3,107.324.00, and the Defendant Association completed the transfer of ownership on September 23, 2015.
4. Conclusion;
As the Defendant Union has completed the registration of ownership transfer by sale on July 23, 2015 at the Sungwon District Court Seosung Branch on September 23, 2015, the Defendants are obliged to pay the amount of KRW 150,000,000 as agreed with each Plaintiff and the delay damages.