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(영문) 수원지방법원 여주지원 2018.02.23 2016가단4473
약정금
Text

1. The Defendant’s KRW 10,545,698 for the Plaintiff and 5% per annum from March 29, 2016 to February 23, 2018.

Reasons

1. Basic facts

A. On April 2, 2006, the Plaintiff purchased from the Defendant, who representing D on April 2, 2006, 1,168 square meters and 78 square meters prior to the Gyeonggi-gu E, Gyeonggi-do, and completed the registration of ownership transfer on December 29, 200.

(hereinafter referred to as “land owned by the Plaintiff”) B.

At the time of the above sales contract, the defendant agreed to organize the site so that the plaintiff can construct the land owned by the plaintiff and agreed to pay the construction cost from the plaintiff and performed the civil engineering work of the above land.

C. On April 27, 2012, H, the owner of G site adjacent to the Plaintiff’s land, H, and I sent to the Plaintiff a certificate of content that the Plaintiff alleged that the instant stone shed installed between the Plaintiff’s land and its own land (hereinafter “instant stone shed”) was affected by approximately eight square meters in their own land, and that the Plaintiff requested restoration.

On July 2012, the Plaintiff filed a lawsuit seeking refund of KRW 25,030,00 of the civil construction cost that the Plaintiff paid to the Defendant who installed the instant stone shed in the Suwon District Court (2012Gahap1640) and reimbursement of KRW 81,240,00 of the construction cost of the instant stone shed and reconstruction cost (hereinafter “litigation seeking refund of construction cost”).

E. On August 24, 2012, the Plaintiff prepared a statement of performance (hereinafter “instant performance statement”) with the Defendant as follows. On the same day, the Plaintiff partially withdrawn a lawsuit claiming the return of construction expenses and filed an application for the cancellation of enforcement of a provisional attachment order (No. 2012Kadan809) with respect to C forest land owned by the Defendant with the amount of claim for the return of construction expenses as the amount of claim for the return of construction expenses. On the 29th of the same month, the Plaintiff completely withdrawn the lawsuit claiming the return of construction expenses on the 20th of the same month.

- an explanatory note -

1. The Defendant established a collateral security with the maximum debt amount of KRW 48 million to the Plaintiff and terminated the collateral security after resolving the H problem.

2. The defendant shall transfer part (3 to 4 square meters) of the road portion in the present situation to the plaintiff according to the present situation.

3. The defendant shall present at present.

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