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(영문) 의정부지방법원 2018.02.13 2017가단102518
약정금
Text

1. Defendant B’s KRW 153,00,000 as well as 5% per annum from November 1, 2016 to February 22, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship D with the Plaintiff, the Defendant, etc. is a major sentence for the Plaintiff, and E is a small sentence for the Plaintiff.

Defendant B is a major number of punishment for the Plaintiff as Defendant D’s wife, and Defendant C is Defendant B’s words.

B. The instant agreed money claim 1) E is the land before the instant partition, which was located between F around October 2003 and G in Pyeongtaek-gun, Gyeonggi-do, G prior to the division (hereinafter “the instant agreed money claim”).

(2) Upon purchasing the Plaintiff’s friendship H, and completing the registration of ownership transfer under the Plaintiff’s name, E entrusted the Plaintiff with the authority to develop and sell the land before the instant subdivision. The Plaintiff sold the land before the instant subdivision and divided it on December 3, 2003, and transferred the ownership to the seller. However, after the remaining subdivision, the Plaintiff completed the registration of ownership transfer under Defendant B’s name on November 15, 2013, on December 3, 2003.

3) On October 9, 2003, the land prior to the division was established with the right to collateral security of KRW 300 million, the debtor H, the mortgagee, and Pyeongtaek-gun Agricultural Cooperatives. However, upon completion of the registration of ownership transfer in installments, the land in the instant case was divided and succeeded to the secured debt of the above right to collateral security, and thereafter the registration of ownership transfer was cancelled as of April 23, 2004, after the establishment of the right to collateral security of the debtor B, the debtor B, the mortgagee, and Pyeongtaek-gun Agricultural Cooperatives (the secured debt amount was KRW 47 million), and the registration of ownership transfer was completed on October 21, 2004 without the plaintiff’s consent.

5 The Plaintiff transferred a total of KRW 160 million to E on October 30, 2016, to Defendant B’s husband, and to E on October 27, 2016.

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