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수원지방법원여주지원 2016.04.20 2015가합655
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 17, 2007, the Plaintiff agreed with the Defendant, a female student, as follows (hereinafter “instant agreement”).

1. A case concerning the Dispute Resolution Co., Ltd.: (a) the Plaintiff operated the Dispute Resolution Co., Ltd. from January 15, 2002 to April 11, 2003; (b) the Defendant is responsible for the total debts incurred from April 11, 2003; and (c) upon mutual consultation, the Plaintiff transferred all of its powers, operating rights, and stocks to the Defendant, and prepares a transfer certificate accordingly.

2. Cases concerning real estate owned by the defendant:

(a) Indication of real estate owned by the defendant - Real estate: Gyeonggi-do Yangpo-gun: D-real estate: Gyeonggi-do Yangpo-gun E-land: F of Gyeonggi-do Yangpo-gun;

B. The defendant transfers the land and building in Gyeyang-gun E to the plaintiff.

(The defendant is responsible for the registration tax and acquisition tax on the debt and ownership transfer related to real estate).

In order to repay the bank debts secured by the above mentioned real estate to the defendant, and then transfer the land of the "F" in the Yangyang-gun of Gyeonggi-do to the plaintiff by the end of December 2009 after repayment.

3. The defendant shall be responsible for and repaid the bonds confirmed by April 11, 2003 from the LABBS Co., Ltd. and the LABS Co., Ltd. Co., Ltd., and the defendant shall recover and recover the bond bond certificate issued by the plaintiff to G by April 30, 2007.

If the plaintiff and the defendant fail to implement the above matters, this Agreement shall be deemed null and void.

B. On January 30, 2004, the Plaintiff transferred to G all the Plaintiff’s equity interest in Yangyang-gun, Gyeonggi-do (the land category and size are omitted; hereinafter the same) on January 29, 2004. G transferred to G on June 27, 2005 the entire equity interest in the said real estate to I on June 27, 2005.

[Reasons for Recognition] Evidence No. 2, Evidence No. 2, Evidence No. 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Defendant: (a) at the time of the agreement of this case, both Pyeongtaek-gun E (hereinafter “instant E”).

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