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(영문) 대구고등법원 2017.02.01 2014나1974

약정금

Text

1. The part of the judgment of the court of first instance against the plaintiff falling under the following monetary payment order shall be revoked.

The defendants are the defendants.

Reasons

1.In the absence of dispute, the following facts shall be free to dispute between the parties:

On May 18, 2005, the Plaintiff reported the lien of KRW 257,00,000 with the secured claim at the voluntary auction (Seoul District Court Kimcheon-si D, E, and F (each combination) relating to the real estate (hereinafter collectively referred to as "the above real estate") in Kimcheon-si Kimcheon-si G (hereinafter referred to as "the above real estate").

On July 1, 2005, Defendant B reported to the purchaser at the above auction procedure and received the decision of permission for sale, and paid the sale price around July 25, 2006.

B. On August 19, 2005, when the Plaintiff was awarded a successful bid with Defendant B (Defendant C’s wife), the Plaintiff renounced the right of retention, but the Defendant B paid KRW 179,900,000 to the Plaintiff as remuneration, and on the day following the date of the registration date of transfer of ownership completed in the future of Defendant B with respect to the said real estate, the Plaintiff agreed to complete the registration of creation of a neighboring mortgage in the future of the Plaintiff (A evidence No. 1; hereinafter “the first agreement”), and was certified as to the said commitment (No. 6536, 2005 by a notary public, such as the preparation of J-Dong Law Office).

2. Part of the claim against the defendant B

A. The Plaintiff’s assertion that the contractual obligation is confirmed 1) The Plaintiff’s assertion is that Defendant B agreed to pay to the Plaintiff KRW 179,900,000 under the first contract. As such, Defendant B is obligated to pay the said money and the statutory delay damages calculated from December 24, 2006. The Plaintiff’s assertion that the principal of the obligation under the first contract was reduced to KRW 179,900,000 on October 23, 2006, the Plaintiff agreed to reduce the amount of KRW 179,900,000 to KRW 100,000,000 on March 17, 2008.

(Article 397 of the Civil Code). without dispute, Gap evidence 1, 2, and 18, and Eul evidence 1-1, 2, 2.