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(영문) 서울고등법원 2018.05.16 2017나2063765
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On January 23, 2013, the Plaintiff and the Defendant concluded a contract with the Plaintiff under which the price of KRW 6,273 square meters and KRW 3,644 square meters (hereinafter “E-dong land”) prior to Si, Gui-si, the Plaintiff owned KRW 1. billion, and the price of the two floors (hereinafter “E-dong land”) from among the buildings owned by the Defendant, Seo-gu, Incheon, Seo-gu, F, K, L, and M, Incheon, the Defendant owned at KRW 1.54 million, and exchange E-dong land and Incheon published telecom, and the Plaintiff shall pay KRW 50 million, a difference in exchange, to the Defendant (hereinafter “instant exchange contract”). On the same day, the Plaintiff paid KRW 10 million, out of the difference in exchange, to the Defendant.

In the instant exchange contract, the special terms and conditions of the special agreement: KRW 100,000,000 to the goods of Eul (hereinafter “Plaintiff”) have accrued future loans and transfer them to a person designated by Gap (hereinafter “Defendant”).

1. “A” shall adjust the obligation for delay, the amount of public taxation, and the amount of rent income on the basis of the balance date other than the amount of attachment 3; and

2. B shall take over all of the facilities and fixtures of the object A as front as it is.

3. B shall succeed to the loan of Party A.

4. B shall transfer the ownership to a person designated by Party A.

(B) The Plaintiff’s intent to take over the Defendant’s loan obligations under the name of the Defendant related to the Incheon Public Notice Hostel, and “one billion won on the Plaintiff’s goods” is written as follows: (a) the Plaintiff may take over the loan obligations under the Plaintiff’s name; and (b) the Defendant may transfer the loan to a person designated by the Defendant (hereinafter “instant special agreement clause”).

B. On April 1, 2013, the establishment registration of a mortgage (the maximum debt amount of KRW 840,000,000 for debtors G, creditors Li Agricultural Cooperatives (hereinafter “Gu Agricultural Cooperatives”), and the maximum debt amount of KRW 840,000,000 was completed with respect to E-owned land, and KRW 700,000,000 was granted to the Plaintiff as part of E-owned land.

C. On April 1, 2013, the Plaintiff sold E-dong land to the Defendant for KRW 1 billion (hereinafter “E-dong land”).

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