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(영문) 의정부지방법원고양지원 2014.07.17 2013가단30144
약정금
Text

1. The defendant (Appointed) and the appointed party C shall be 35,000,000 won to each plaintiff (Counterclaim defendant) and the appointed party C.

Reasons

1. On April 4, 2011, the Defendant (Appointed Party; hereinafter the same shall apply) and the Plaintiff signed a contract with the Plaintiff to exchange the Plaintiff’s land D, E (hereinafter “Plaintiff’s real estate”) owned by the Plaintiff with the Chungcheong C, G, H land, and buildings owned by the Appointyang-gun (hereinafter “Defendant’s real estate”) (hereinafter “instant exchange contract”), and the delivery of documents necessary for the registration of each transfer of ownership was carried out on May 11, 201.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the main claim

A. In full view of the purport of arguments as to Gap evidence Nos. 2, 3, 4, 7, and Gap evidence Nos. 9-1 and 2, the plaintiff in the exchange contract of this case (the maximum amount of claims 180,000,000), and J's provisional attachment (the provisional attachment amount of KRW 35,00,000) was cancelled and cancelled the registration of the establishment of the plaintiff's real property. The Claimant succeeded to the secured debt (the actual debt amount of KRW 620,00,000) of the credit union on the plaintiff's real property, and the defendant's real estate was cancelled with the cancellation of the remainder of the debt amount of KRW 250,00,000 and KRW 70,000,000 on a deposit basis, and KRW 10,000 on April 7, 201, the defendant prepared a provisional attachment agreement with the plaintiff as to the plaintiff's real property under the name of 105,010,05,005,05,000.

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