(영문) 의정부지방법원 2015.02.05 2014나9947

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(영문) 의정부지방법원 2015.02.05 2014나9947

약정금

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1.The judgment of the first instance shall be modified as follows:

The Defendant (Counterclaim Plaintiff) and the Defendant respectively have against the Plaintiff (Counterclaim Defendant).

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Facts of recognition;

A. On April 4, 201, Defendant B, on behalf of the Plaintiff, agreed to exchange the land and E (hereinafter “Plaintiff’s real estate”) owned by the Plaintiff and the land and its ground, G land and its ground, and H land owned by the Defendant C (hereinafter “Defendant’s real estate”) (hereinafter “instant exchange contract”), the maximum debt amount of KRW 806,000,000 for the Plaintiff’s real estate (hereinafter “the maximum debt amount of KRW 403,00,000 for the Plaintiff’s credit union’s real estate and the registration of the establishment of a political party’s right in the name of the Nam-dong Credit Union, each of which was completed) with the Plaintiff, to deliver the real security debt of KRW 620,000 for the Plaintiff’s real estate and the remainder of KRW 500,000 for the lease on a deposit basis, with the exception of the maximum debt amount of KRW 403,00,000 for the Plaintiff’s real property and the remainder of KRW 500,0000 for the lease on a deposit.

B. On April 7, 2011, Defendant B issued to the Plaintiff a note stating that “the Plaintiff will succeed to the secured obligation under the name of the credit union within ten (10) days from the date of receipt of the documents for termination of the right to collateral security in the name of the Plaintiff’s real estate and the documents for termination of the provisional seizure in the name of J, and if not succeeded, the Plaintiff shall be liable for damages” (hereinafter “each of the instant notes”), and issued a one promissory note with face value of thirty five (35) million won on behalf of the Plaintiff (hereinafter “instant promissory note”).

C. On April 8, 2011, the registration of the establishment of a neighboring mortgage under I’s name was cancelled, and on April 15, 2011, the registration of provisional attachment under J was cancelled. D.

The Plaintiff is the Plaintiff.

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