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(영문) 대전지방법원 2017.07.19 2016가합664

약정금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On September 26, 2014, the Defendant and B concluded a real estate sales contract with the content that “B shall sell KRW 1,593 square meters of the instant real estate in the purchase price at KRW 1,330,00,000 among the real estate (hereinafter referred to as “the instant real estate”) owned by it, and “B shall receive any balance on November 20, 2014, and deliver documents necessary for the registration of transfer of ownership”.

B. As the Defendant failed to pay the remainder by the payment date of the remainder, B and the Defendant concluded a real estate sales contract with the content that the remainder payment date of the said sales contract was changed on December 30, 2014.

The “subject matter” column of the real estate sales contract, which was prepared at the time of the above modification, was included in the “1,922 square meters among the instant real estate” as the subject matter in the attached Form No. 1,922 square meters, which was not included in the existing sales contract.

C. Meanwhile, in order to secure the Plaintiff’s claim against B, the provisional registration of the Plaintiff’s right to claim ownership transfer was completed in the name of the Plaintiff.

Accordingly, the Plaintiff, the Defendant, B, and G are the wife of G.

On December 24, 2014, the Company made an agreement with the same content (Evidence A (hereinafter “instant agreement”) as follows.

D. Drawee

1. On November 10, 2014, this Agreement shall be the top priority over the real estate sales contract concluded between B and the Defendant, and shall be in accordance with this Agreement.

2. Of the total area of the instant real estate of 1,922 square meters, part 1,584 square meters in attached Form 1,330,000,000 square meters in attached Form 1,584 square meters, and the part 338 square meters in item (b) of item (b) shall be excluded from the sale, and the part 338 square meters shall be divided into B’s responsibility until January 20, 2015, and the transfer of ownership shall be immediately made to the Plaintiff or his/her land owner after cancelling and cancelling the entire attachment, provisional attachment, temporary injunction, etc. < Amended by Presidential Decree No. 2

3.Where the agreement specified in Annex 2 is reached with respect to the Annex 1 (b) above the agreed date specified in the said paragraph due to the circumstances of the agreed persons, a sum of 90 million won shall be compensated.