(영문) 전주지방법원 2017.01.18 2016가단655

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2017.01.18 2016가단655

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 20, 2008, the Defendant drafted a payment note (Evidence A 1; hereinafter “the instant payment note”) stating that “I shall pay KRW 65 million to the Plaintiff at the value of two parcels of land with the amount of KRW 1,726 square meters prior to Jinan-gun, Jinan-gun, Jinan-gun, and I shall prepare a payment note (written evidence).”

B. The sum of each of the above lands owned by the Defendant, the spouse of the Defendant, is “the instant land” and “the sum of each of the above lands is not more than 1,726§³, E, and not more than 1,273§³.

With respect to one half of the shares of the previous District Court, the registration of transfer of ownership in the name of the plaintiff was completed on May 29, 2009, as the receipt of No. 7150 of June 1, 2009, with respect to the previous District Court, Jan District Court, Jan District Court, as to the one half of the shares, (i) the registration of transfer in the name of the plaintiff was completed on June 29, 209.

2. The plaintiff asserted that the plaintiff was introduced F by the defendant around March 199, and that F purchased real estate together with the plaintiff around March 199.

The Plaintiff paid KRW 10 million to F with the purchase price for the instant land. The Plaintiff, while making a title trust in the name of the Defendant, was prepared by F, respectively (No. 2).

After that, the Plaintiff disposed of the store raised by the Defendant with the Plaintiff’s funds, and confirmed that the registration of ownership transfer was completed only in the name of F, not in the name of the Defendant, but only in the name of F, and appealed against the Defendant.

In light of the financial problems arising from the Defendant’s disposal of the instant land in KRW 10 million, the deposit amount of KRW 10 million in the store sold by the Defendant, and KRW 20 million in premium for nine years, the Defendant agreed to pay KRW 65 million to the Plaintiff, by taking into account the financial issues arising from the Defendant’s live together for nine years.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 53 million, excluding the 12 million won, which is the share value of the instant land, at the KRW 65 million and the delay damages therefrom, to the Plaintiff.

3. Determination A.

유사 판례

-전주지방법원 2015.11.27 2015가단27899

-전주지방법원 2018.04.24 2018가단2983

-전주지방법원 2019.03.07 2018가단23652

-전주지방법원 2020.02.05 2019가단31148

-전주지방법원 2018.11.20 2018가단9106