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(영문) 전주지방법원 2015.07.15 2014가합2586

약정금

Text

1. The plaintiff (Counterclaim defendant) shall draw up a ground plan on the land listed in paragraph 1 of the attached Table to the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. As to the following land for which the registration of ownership transfer was completed under the name of the Jeonbuk Farmland Improvement Association (hereinafter “each land before subdivision”), the registration of ownership transfer was made in sequence on March 17, 2001 by the Plaintiff’s name on the ground of sale on February 26, 2001, and the registration of ownership transfer made on March 27, 2001 by the Defendant’s name on March 20, 201.

1. The land indicated in paragraph (1) of the attached Table of Real Estate (the same as the land indicated in paragraph (1) of the attached Table) of the Jeonju-gun in North Korea;

2. His rice field D 288 square meters in Jeonbuk-gun;

3. Field E 2,271 square meters in Jeonju-gun;

4. 1,329m2 (the same as the land described in paragraph (4) in the attached Table of Real Estate List) in the Republic of Korea, Jeonbuk-gun;

5. G paddy-gun, Jeonbuk-gun (the same as the land described in paragraph (5) of the attached Table of Real Estate).

B. On March 22, 2001, the Plaintiff, a partner of the Defendant, stated that the Plaintiff prepared the instant agreement with the Defendant since the Plaintiff was one of the Defendant in the instant complaint. However, at the third pleading, the Plaintiff stated that there was no dispute as to “the fact that the Plaintiff and the Defendant, a partner of the Defendant, prepared the instant agreement between the Plaintiff and H, and that I is a member of H.”

(A) At the date of pleading, the Plaintiff stated that H was the Defendant’s punishment, but it is obvious that it is an error). (No. 2) The Plaintiff prepared a written agreement (No. 2; hereinafter “instant agreement”) with the following content.

The indication of real estate: The plaintiff, who had the right of association from the Korea Agricultural and Rural Infrastructure Corporation, purchased each real estate on the land before subdivision, and since the expenses of approximately KRW 70 million have been fully borne by the I at the time of purchase, if the above real estate was sold thereafter, the remaining profits except for the expenses of KRW 70 million and the remaining profits have been mutually agreed upon by the plaintiff and I to fairly distribute each half of them. The address of the contract is the name of J: the name of the defendant, who is the birth of the defendant of I.

(B) The agreed address of the Defendant’s name: K’s name

(c) Land set forth in paragraph (2) before subdivision.