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(영문) 대전지방법원천안지원 2016.07.06 2015가단110603
약정금 청구의 소
Text

1. The Plaintiff:

A. Defendant B shall be KRW 1,00,000 and the interest rate of KRW 15% per annum from January 1, 2012 to the date of complete payment.

Reasons

1. Basic facts

A. On June 2002, the relevant Plaintiff of the parties completed the registration of ownership transfer with respect to the land of Hongcheon-gun, Gangwon-do (hereinafter the land in the same Ri is specified as the index only).

Defendant B is the owner of E in the vicinity of land D, and Defendant C is the spouse of F land owner.

The Defendants need to use part of the Plaintiff’s D land as a road in order to newly construct a detached house in G and five parcels.

B. On July 12, 2011, the Plaintiff entered into a contract with Defendant B on July 12, 2011, under which the Plaintiff would use 35 square meters of land among D as a road, and Defendant B would divide the Plaintiff into D land and consolidate the Plaintiff into D land by December 30, 201, and complete the registration thereof by December 30, 201 (hereinafter “the first agreement”). According to the first agreement, Defendant B would pay all responsibilities and expenses for the division and merger of the said land, and if it fails, the Plaintiff would pay 30 million won as penalty to the Plaintiff by December 30, 201, and the Plaintiff would have paid 15 percent interest per annum to the Plaintiff at the time of additional construction of the said land by 200 square meters, and Defendant B would have divided the Plaintiff’s construction of the instant land into 35 square meters of land on June 3, 2013, and completed the registration of ownership transfer by the Plaintiff on June 26, 2016.

(2) According to the second agreement, the Defendants are obliged to divide and consolidate the above land.

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