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(영문) 울산지방법원 2016.06.01 2015나3211

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On August 2, 2011, the Plaintiff concluded a sales contract with the Defendant to sell KRW 1,633 square meters, D 3,471 square meters, E cemetery 694 square meters, and F forest land 661 square meters (hereinafter “instant land”) owned by the Plaintiff for KRW 320 million (hereinafter “instant sales contract”).

At the time of the instant sales contract, the establishment registration was completed on the instant land with the maximum debt amount of KRW 260 million, the debtor, the debtor, the mortgagee of the right to collateral security, and the village community credit cooperative. The secured debt was KRW 200 million (hereinafter “the debt of this case”).

B. At the time of the instant sales contract, the Plaintiff and the Defendant agreed to conclude the registration of ownership transfer on the instant land before the Plaintiff received the said purchase price, and the Defendant succeeds to the instant loan obligation within one month. The Plaintiff completed the registration of ownership transfer as to the instant land on August 8, 201, pursuant to the said agreement.

C. However, on August 28, 2012, when the Defendant did not succeed to the instant loan obligation, the Defendant completed the provisional registration of the right to claim ownership transfer registration on the instant land on the ground of the pre-sale agreement on August 27, 2012, and thereafter, on March 29, 2013 at the request of the Daegu District Court G on March 29, 2013 (hereinafter “instant auction procedure”).

On November 16, 2012, the Plaintiff filed a complaint against the Defendant and H (former name: I) for fraud (No. 2013 type No. 1663), and on April 3, 2013, the Plaintiff and K (Plaintiff’s mother and representative for accusation) and the Defendant and H do not have the ability to assume debt obligations between the two parties before the public prosecutor in charge of the instant accusation case, and they proceed with the instant auction procedure. However, the Defendant and H paid KRW 1 million each month to the Plaintiff and K until the completion of the instant auction procedure.

The successful bidder shall be the successful bidder.