beta
(영문) 대전지방법원 2015.01.28 2013가합10400

약정금

Text

1. The Defendant’s KRW 180,000,000 as well as 5% per annum from January 1, 2013 to January 28, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The C-building housing association, which is an association established to construct a major apartment complex on the ground of the Daejeon-gu Daejeon-gu B B B, 305 square meters (hereinafter “instant land”), has completed the registration of initial ownership on June 2008 with respect to the buildings listed in the attached Table 1 (hereinafter “instant building”) by implementing the “construction of a new apartment complex on D main apartment” on the instant land.

B. On June 20, 2008, the C-building Housing Association concluded a mortgage agreement with the debtor C-building Housing Association on each of the corresponding lakes listed in the attached Table 2 (hereinafter “instant commercial buildings”) among the Plaintiff and the instant building, with respect to each of the relevant lakes listed in the attached Table 2 (hereinafter “instant commercial buildings”), and concluded a mortgage agreement with the debtor C-building Housing Association. On the same day, as to the instant commercial buildings, the Daejeon District Court, Daejeon District Court No. 34206, Jun. 20, 2008 (hereinafter “instant mortgage”).

C. Thereafter, on March 17, 2010, the Plaintiff rendered a voluntary decision to commence the instant commercial building based on the instant collateral security. D.

On August 5, 2011, the Plaintiff determined the amount of KRW 350 million with the Defendant (hereinafter “instant agreed amount”) and agreed to transfer to the Defendant the claim related to the instant right to collateral security (hereinafter “instant agreement”), and drafted a written statement of performance and a written statement of payment as follows on the same day.

[Written Performance] All the acts of bidding of C reconstruction family members shall be conducted in the name of the plaintiff, but all the expenses of auction and bidding shall be paid by the defendant, and all the expenses shall not be claimed by the plaintiff.

In addition, when all the bidding is completed in accordance with the statement of payment to the Defendant, the Plaintiff transfers to the Defendant all the legal rights, and simultaneously pays KRW 300 million to the Defendant, excluding the amount of KRW 50 million paid in advance, at the same time as the transfer.

All legal responsibilities and legal actions arising after transfer shall be borne by the defendant.