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(영문) 서울동부지방법원 2018.05.03 2017가합109791
약정금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are children of G, who died on February 12, 2000, as their inheritors, and the defendant is a private relationship with G's Chok-ro.

B. On February 13, 1970, the Defendant completed the registration of ownership transfer with respect to H 49,388 square meters of forests and fields (hereinafter “instant real estate”).

C. The Defendant sold the instant real estate to I Co., Ltd. on or around March 2017, and sold the same year.

5. 15. He completed the registration of ownership transfer to I Stock Company.

On the other hand, on March 29, 2017, Plaintiff D filed an application for provisional injunction against disposal of the instant real estate with respect to the head of Sinwon District Court (hereinafter “instant provisional injunction”) with respect to the head of Sinwon District Court, as the representative of JJ on March 29, 2017, by making the said sentence the applicant as the applicant and making the right to be preserved as the right to claim ownership transfer registration on the ground of

4. A decision issued by the above court to prohibit the provisional disposition;

(Yiju District Court 2017Kadan5135). e.

The Defendant agreed on the instant provisional disposition case with Plaintiff D with the following content (hereinafter “instant agreement”).

Agreement on the Provisional Disposition against the Prohibition of Real Estate

1. On April 27, 2017, Plaintiff D withdraws an application for provisional disposition of real estate in this case.

2. The defendant shall pay to the plaintiff F the plaintiff 10 million won ( e.g. 50,000,000) immediately after the balance of the real estate in this case is deposited.

(2) Before the deposit of the purchase and sale balance, Plaintiff D’s penalty (A, B, D, C, and E) certificate and written consent shall be submitted.

5. On or after April 27, 2017, Plaintiff D and the Defendant promised not to file a civil or criminal dispute regarding the instant real estate in return for the promise of not to file a civil or criminal dispute regarding the instant real estate, and at the same time, confirmed that the payment under the foregoing paragraph 2 was received and the Defendant was fully owned and smoothly agreed.

[Conditions of special agreement] ① The plaintiff D confirms that the application for the provisional disposal of the real estate of this case was a case caused by misunderstanding the previous memory and did not have any right.

F. The defendant

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