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(영문) 청주지방법원 2015.08.26 2014가합26221

약정금

Text

1. The Defendant’s KRW 102,476,80 for the Plaintiff and KRW 5% per annum from April 29, 2014 to August 26, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff lived with the Defendant from October 2008.

B. Around May 201, the Defendant purchased D-based D-based 215.9 square meters of land and detached houses on the ground thereof (hereinafter “D land and housing”) from Cheongju-si, Seo-gu, Chungcheongnam-gu (hereinafter “Cheongju-si”) in KRW 640 million (the amount of KRW 300 million among them was substituted by C’s acceptance of a loan agreement that entered into as a security for D land and housing with the Korea Saemaul Community Depository).

C. After that, the Defendant leased each of the corresponding parts of D Housing as follows:

(2) The term “each of the instant leases” in total). The term of the lease deposit for an object is KRW 30 million on May 27, 2011 to June 30, 2013: KRW 65 million on June 9, 2013 to June 9, 2015, KRW 320,000 won on May 13, 2013 to May 13, 2015, KRW 830,000 on May 201 to May 2013, 2015, KRW 830,000 on May 20, 2012 to June 301 to June 301 to June 9, 2015.

D. The Defendant paid 173,299,900 won for a house listed in the separate sheet (hereinafter “E house”) at the F of this court and G auction procedure, and completed the registration of ownership transfer for the reason of sale by voluntary auction on June 20, 2012. On the same day, the Defendant completed the registration of establishment of a collateral security (hereinafter “instant collateral security”) with respect to the E house, with a maximum debt amount of KRW 170,940,000,000,000,000 won.

E. On June 18, 2013, the Plaintiff prepared an agreement with the Defendant to the effect that “D land and E are in the sole name of the Defendant, but there are 1/2 shares of each of the above real estate (hereinafter “instant real estate”) with respect to each of the instant housing, and that the Plaintiff has the same obligation with respect to each of the instant housing in the name of the Defendant. In the event that the Plaintiff wishes, each of the instant housing shall be registered under the name of the Plaintiff and the Defendant jointly with respect to each of the instant housing (hereinafter “instant agreement”).

F. The Defendant’s land and housing to H on August 1, 2013.