beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Defendant, D, E, F, and K 5 were co-owned by 56,563 square meters of the G forest in Yeongdeungpo-gun, Chungcheongnam-gun (hereinafter “instant forest”) respectively.
B. On September 4, 2007, the Plaintiff and C purchased each share (total 4/5 shares) of the Defendant, etc. among the forest land in this case from the Defendant, D, E, and F (hereinafter referred to as “Defendant, etc.”) other than K, and completed the registration of ownership transfer on November 6, 2007, from the purchase price of KRW 548,484,80, and each share (total 4/10 shares) among the forest land in this case.
C. In concluding a sales contract as above, the Plaintiff, C, the Defendant, etc. agreed to the effect that “The four graves located in the instant forest shall be transferred jointly and severally by the Defendant, etc., one year from the date of the formation of the written agreement, and the expenses for one grave shall be four million won, and if the content of the agreement is not complied with, the Plaintiff and C shall proceed with legal procedures and raise no objection.”
The defendant et al. did not move to a grave under the above agreement, and the plaintiff urged the defendant et al. to move to a grave several times, and eventually filed a complaint against the defendant et al. for fraud.
E. On May 23, 2012, the Plaintiff and the Defendant drafted a “agreement and written withdrawal of complaint,” stating that “The Defendant shall pay to the Plaintiff KRW 20,000,000,000, which the Plaintiff received from the Plaintiff, up to March 31, 2013; KRW 30,000,000,000, which the Plaintiff received from the Plaintiff, shall be repaid until March 31, 2013; and the Plaintiff shall withdraw the complaint against the Defendant.”
(f) The joint and several sureties of the above agreement and the withdrawal of a complaint (hereinafter referred to as the “instant agreement”). The name, resident registration number, and address of the Defendant’s wife are written in the same word, and the seal impression of the J is affixed, and the seal impression of the J was affixed thereto.
The plaintiff is a joint and several surety of the agreement of this case against the Daegu District Court Young-gu District Court Young-gu District Court (J). 50,000.