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Reasons
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(영문) 광주지방법원 2017.03.10 2016가단4063
매매대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. D, who operated C, was running a new apartment building project on the land outside Yong-gun, Jeonnam-gun, and three parcels, and the Defendant lent KRW 622,00,000 in total to D from August 10, 2012 to May 15, 2014.

B. D continued financial difficulties, carried out a new apartment construction project jointly with Dong name Construction Co., Ltd. (hereinafter “Dong name Construction”).

C. D did not repay the debt to the Defendant, and the Defendant took measures to preserve the claim, such as filing an application for provisional injunction against disposal of real estate on the ground of termination of the trust with respect to the trust of an apartment newly constructed in the assets trust, one asset trust.

D on July 4, 2014, written a letter to the Defendant that the Defendant would pay KRW 180,000 to December 31, 2014.

E. On August 14, 2014, the following agreements were reached between the Defendant’s wife F (A), Defendant (B), and Dong name Construction (B).

1. (Performance in Kind) Byung shall make a payment in kind to Gap and Eul for the total of nine households of G apartment units 101, 401, 402, 202, 203, 204, 304, 403, 404, and 504 in terms of total of nine units by August 13, 2014, and the settlement shall be 450,000,000 won per each household, and Eul agrees to the settlement thereof.

2. (Payment in Cash) Byung shall be determined by the repayment rate not later than August 13, 2014, as KRW 50 million to Gap and Eul;

3. (Performance in Kind) Byung shall accord and pay H of Young-do, Jeonnam-do, N by August 13, 2014, to Gap and Eul, respectively.

4. (Assumption of Obligation) A and B shall take over obligations (including smart savings banks, etc.) on the said goods paid in kind, and shall be determined by means of payment of these funds from the following day after they receive payment in kind;

5. (Withdrawal of Preservation Measures) A, B, and B, with respect to all legal acts (provisional seizure, provisional disposition, etc.) against C as soon as this Agreement is drawn up, A and B shall consent thereto.

6. Upon the completion of an agreement after the completion of the agreement, any act shall be conducted either A or B.

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