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(영문) 대구지방법원 2017.07.21 2016가단117015

약정금

Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 18,013,698, and 5% per annum from August 6, 2013 to July 21, 2017.

Reasons

1. Basic facts

A. On July 17, 2004, the Plaintiff entered into a sales contract with the Plaintiff, the Defendant C, and the buyer as KRW 100 million, with respect to the seller’s 100 square meters among the 2,616 square meters of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant 1 land”).

B. On November 2, 2014, the Plaintiff paid KRW 100 million to D and the Defendants, but did not register the transfer of ownership, and completed the registration of the right to claim the transfer of ownership on the instant land.

C. In around 2011, the Plaintiff requested the Defendants to sell 100 square meters purchased by the Plaintiff among the instant land 1. The Defendants suggested that, instead of transferring 100 square meters among the instant land 1 purchased by the Plaintiff to the Defendants, the Defendants transfer 1,043 square meters of the 100 square meters among the instant land 1 purchased by the Plaintiff to the Plaintiff and additionally make the difference.

On April 22, 2011, upon receipt of the proposal above, the provisional registration for the registration of the Plaintiff’s transfer of ownership in the name of the Plaintiff on the instant land was cancelled. On May 11, 2011, the Plaintiff and the Defendants transferred the instant land to the Plaintiff on May 11, 201, and paid the remainder of the land price of KRW 37 million to the Plaintiff by June 10, 201, and the establishment registration of the ownership in the name of the KRW 1 Agricultural Cooperative was concluded to terminate the establishment of the Plaintiff’s share as the loan was finalized (hereinafter “instant agreement”).

E. On May 16, 2011, the Defendants completed the registration of ownership transfer in the Plaintiff’s future with respect to the instant land No. 2, and paid KRW 21 million to the Plaintiff totaling KRW 20 million on December 29, 2011 and KRW 1 million on August 5, 2013.

F. The registration of the establishment of a neighboring agricultural cooperative under the name of the two agricultural cooperative was cancelled on January 13, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and its assertion.