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(영문) 춘천지방법원 2019.05.01 2018가합50225

약정금

Text

1. Defendant E shall pay to the Plaintiffs KRW 350,00,000 and the full payment of KRW 350,000 to the Plaintiffs.

Reasons

1. Presumed factual basis

A. On June 30, 2014, the Plaintiffs entered into a sales contract with Defendant D to sell each of the instant real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) (hereinafter referred to as “instant sales contract”) (hereinafter referred to as “instant real estate”), and completed the registration of ownership transfer regarding the instant real estate on July 10, 2014.

B. The Plaintiffs filed an application for provisional disposition against the instant real estate and agreed with Defendant E on June 23, 2016 upon filing an application for provisional disposition with respect to the instant real estate. On the same day, the registration of provisional disposition was completed with respect to the instant real estate as “the right to claim the cancellation of ownership transfer registration due to invalidity of cause” (hereinafter “the registration of provisional disposition”).

(2) On August 30, 2016, the Plaintiffs agreed to cancel the registration of provisional disposition of this case on the condition that they receive money from Defendant E and transfer ownership of the building.

(hereinafter referred to as “the provisional disposition cancellation agreement”). The main contents of the agreement for the cancellation of provisional disposition are as follows:

This Agreement is a condition to cancel the right of provisional disposition.

-the agreed amount of the provisional injunction cancellation is KRW 300 million.

- KRW 100 million out of KRW 300,000 shall be paid directly to the plaintiffs at the same time as Defendant E transfers the ownership, and the remaining KRW 200,00,000 shall be substituted by a soup building for the purpose of soup set soup (attached Form 23, hereinafter referred to as “the building”, hereinafter referred to as “the building in paragraph 23”).

Provided, That the foregoing building is to be repaired and the interior of the building so that Defendant E can use the building on a deposit basis for the plaintiffs.

- Defendant E transfers its ownership to the Plaintiffs without any condition after the occurrence of facility funds, after the occurrence of the facility funds.

3. Transfer of name;