logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.10.11 2017가단106780
약정금
Text

1. The Defendant’s KRW 84,188,207 to the Plaintiff is 5% per annum from December 2, 2017 to October 11, 2018.

Reasons

1. Basic facts

A. On April 26, 2011, the Defendant owned a forest land of 81,563 square meters (hereinafter “C land”) in Gyeong-gun, Gyeong-gun, Chungcheongnam-gun, and sold C land to D Co., Ltd. (hereinafter “D”) and completed the registration of ownership transfer on April 27, 201.

B. On February 2, 2012, the Plaintiff filed an application for provisional seizure of real estate with respect to the Plaintiff’s claim for payment of KRW 100,000,000 between April 2, 2005 to March 2009 as the Plaintiff’s claim for the payment of KRW 100,000 between the Plaintiff’s land (hereinafter “instant claim claim claim claim”) on the land owned by Jinwon District Court, including C, which was owned D (hereinafter “each of the instant lands”), and on February 24, 2012 pursuant to the above court’s decision of acceptance (Jinwon District Court Branch Branch Branch Branch Decision 2012Kadan390).

(hereinafter “The First Provisional Seizure”) C.

Around July 2012, the Defendant filed a lawsuit against D for the cancellation of the ownership transfer registration based on the cancellation of a sales contract with respect to land C, and filed an application for provisional disposition with the Changwon District Court for the prohibition of disposal with respect to land C, and on July 30, 2012, according to the decision for provisional disposition approval by the Changwon District Court (Seoul District Court 2012Kadan3106), the Defendant filed a provisional registration for the prohibition of disposal with respect to land C.

(hereinafter “instant provisional disposition”) D.

On October 19, 2013, the Defendant: (a) requested the Plaintiff to cancel the part concerning C’s land among the instant provisional seizure (hereinafter “first provisional seizure against C’s land”); (b) drafted the instant promise (hereinafter “instant promise”); and (c) written the promise as follows.

I himself is the Plaintiff of the instant case in accordance with No. 1907 of December 24, 2012 (2012Kadan390) with respect to the forest land of D (State) company A. This means the provisional seizure of this case executed by provisional seizure.

B In the cancellation of one parcel of the forest land as above, the company shall raise any civil or criminal objection against A in the company, thereby resulting in a loss by the decision of the court, etc.

arrow