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(영문) 의정부지방법원 2018.10.12 2018가합50727
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 220,000,000 and the interest rate thereon from August 1, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a pastor of G Educational Association (hereinafter “G Educational Association”) and H’s children.

B. G school association was the owner of the same area of 313 square meters and 13 square meters prior to J (hereinafter “real estate 1”), and H was the owner of the same Dongbcheon-si K-si 134 square meters (hereinafter “second real estate”).

C. On February 14, 2015, the G school association and the Plaintiff concluded a sales contract with L and 1 real estate worth KRW 141,000,000 with respect to L and 2 real estate on the same day, and H and the Plaintiff concluded a sales contract with respect to L and 2 real estate worth KRW 150,000 on the same day. On the day of the contract, the contract was paid KRW 14,100,000 for the down payment for the 1 real estate and KRW 15,000 for the down payment for the 2 real estate.

M and Defendant C succeeded to the purchaser status of the real estate Nos. 1 and 2 on March 17, 2015 and completed the registration of transfer of ownership, and paid the balance after receiving a security loan.

Accordingly, on March 24, 2015, the registration of ownership transfer was completed in M's name with respect to the first real estate and M and Defendant C's name with respect to the second real estate.

E. We did not pay the balance of the sales of the real estate Nos. 1 and 2, H filed a lawsuit against M and Defendant C with the District Court 2016Kadan12182, which sought payment of the purchase price, and the judgment was finalized on October 20, 2016.

On September 7, 2016, the G Educational Association filed a lawsuit against M in which the Government District Court 2016Kadan1622 filed a claim for payment of the purchase price against M and rendered a favorable judgment on September 7, 2016.

F. On January 16, 2017, H, with the above final judgment as the executive title, was determined to seize and collect the claim for the return of deposit by Defendant C (Seoul District Court 2016TY 2016TY 14251), and on January 11, 2017, G Educational Association was determined to seize and collect the claim for the return of deposit deposit (Seoul Western District Court 2016TY 20133).

G. The Defendants and M shall be jointly paid KRW 20,000,000 to the Plaintiff on March 9, 2017 by July 30, 2017.

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