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(영문) 창원지방법원통영지원 2015.11.27 2015가단3135

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The deceased C and his wife, E, the Plaintiff, F, son, G, H, and I respectively. The Plaintiff and E, around 1962, provided that they were seafarers with the money collected to D, a mother, and had D purchase the amount of 466 m22 m2, 1180 m2, 1180 m2 before K, 255 m2, and 3174 m2 in Man-si, Tong-si, Y-si, Y-si, and purchase the 671m2, 671m2, 65 m2, and 575 m2 as compensation for an accident.

B. Since then, South Korea, E transferred the ownership of part of the above real estate (the above real estate referred to as "each of the instant real estate") under its own name, and completed the registration of ownership transfer on and after January 4, 1985, the deceased C transferred the ownership of each of the instant real estate.

C. However, the Plaintiff and E promised to give part of the instant real estate to the Plaintiff from time to time, and in particular, around March 199, E promised to the effect that “E will sell each of the instant real estate to the Plaintiff” and accepted it (hereinafter “the Plaintiff’s assertion”). On December 21, 2002, E died on December 21, 2002, the Defendant completed the registration of transfer of ownership on each of the instant real estate due to an agreement division, and sold all of the instant real estate at KRW 150 million on December 21, 2012.

Therefore, as a person who succeeded to the agreement of the plaintiff's assertion, the defendant is obligated to pay to the plaintiff half of the above KRW 150 million. The plaintiff already received KRW 20 million from the defendant, so the defendant is obligated to pay to the plaintiff the remainder of the agreement amounting to KRW 55 million and damages for delay pursuant to the agreement of the plaintiff's assertion.

2. The judgment is based on the facts that the Defendant sold each of the instant real property in KRW 150 million as the Defendant was the person and paid KRW 20 million among them to the Plaintiff, but it is recognized that the Defendant paid KRW 6.