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(영문) 대구지방법원 2020.08.26 2019나317053

약정금

Text

1. Of the primary claim portion of the judgment of the court of first instance, the plaintiff who is against the order to pay the following amount.

Reasons

Basic Facts

On October 9, 2006, the Daegu District Court rendered a voluntary decision to commence the auction (hereinafter “the instant decision to commence voluntary auction”) with respect to each of the instant real estate owned by the deceased B (hereinafter “the deceased”). The registration was completed on October 12, 2006, and the said registration was revoked on February 28, 2007 according to the decision to revoke the decision to commence voluntary auction of this case.

On February 2007, the Deceased prepared a written confirmation (hereinafter referred to as “instant confirmation”) to the Plaintiff, and its main contents are as follows.

In the location of real estate: Daegu Seo-gu, Daegu District Court (the 2nd floor floor) ① (a) a loan of KRW 70,000,000 for a loan of KRW 50,000 on January 15, 207 and borrowed KRW 50,000 for a loan of KRW 63,350,000 for a creditor to repay KRW 63,350,000 to the creditor and at the expense of the deceased. (b) A loan of KRW 30,000 for a loan of KRW 247,70,000 from the balance after deducting the successful bid price on February 15, 207 at the time of selling or selling the said real estate.

On February 22, 2007, the provisional registration of the right to claim the transfer of ownership based on the purchase reservation was completed in the K (K before the opening of name) on the real estate of this case. On December 17, 2007, the provisional registration was transferred on December 17, 2007, and the provisional registration was cancelled on December 31, 2010, and the provisional registration of the right to claim the transfer of ownership based on the purchase reservation was completed again (hereinafter “the provisional registration of this case”).

On August 3, 2016, August 17, 2016, and September 2, 2016, the Plaintiff sent to the Deceased a content-certified mail stating that “the Plaintiff purchased and sold each of the instant real estate and arranged it.”

On November 8, 2016, the Deceased filed a lawsuit against M alleging that the provisional registration of the instant case was null and void as a cause of violation of the Act on the Forgery of Sales Pre-Contract, etc. or the Registration of Real Estate under Actual Titleholder’s Name, and filed a lawsuit seeking the cancellation of the provisional registration of the instant case (Seoul District Court Branch Branch of Seogu District Court 2016Kadan62334) with the Plaintiff.