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(영문) 서울중앙지방법원 2017.01.12 2015가단5365073
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 65,00,000 and the interest rate of KRW 15% per annum from December 19, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The defendant is the spouse of D, the plaintiff's wife C, the plaintiff's wife's omission.

B. Around June 2000, the Plaintiff (Plaintiff, C) and the Defendant (Defendant) purchased shares of 651/1302 square meters of 50,000 square meters of 20,000 square meters of 1,302 square meters of 1,302 square meters of Yeung-gu E (hereinafter “E real estate”). As to E real estate, the Suwon District Court registry office of Suwon District on June 10, 200, as the receipt of No. 47885, Jun. 10, 200, the provisional registration of the right to claim transfer of ownership in the name of D on the ground of trade reservation was completed.

(The plaintiff and the defendant actually purchased E real estate from F, the former owner, but it is difficult to transfer ownership due to farmland acquisition qualification and completed provisional registration of D as above).

However, around June 26, 2012, the Defendant again disposed of E real estate to F by means of cancelling the above provisional registration established with respect to E real estate without consulting with or obtaining prior consent from the Plaintiff, and the Defendant’s side received, in return, F’s share of KRW 170,000,000 in cash and KRW 661/461 square meters in G forest land in Young-si District (hereinafter “G real estate”).

However, the transfer registration of ownership on G real estate was completed in the name of the defendant's living together with H.

After having discussed several times with the Plaintiff, the Defendant completed the registration of transfer of ownership in the name of H on December 5, 2013. On March 1, 2014, the Plaintiff prepared a loan certificate with the same content as the attached Form (hereinafter “the instant loan certificate”) to the Plaintiff on March 1, 2014.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 3, Gap's evidence 10-1, witness D's partial testimony, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant shall compensate for the disposal of E real estate without permission.

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