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(영문) 수원지방법원 2020.10.13 2019나67302
약정금
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On November 27, 1998, the Plaintiff reported the marriage with Defendant B and maintained the marriage relationship. On December 28, 2016, the Plaintiff was married by agreement on December 28, 2016, and the deceased C (hereinafter “the deceased”) is the father of Defendant B.

B. On December 28, 2016, the Plaintiff and Defendant B agreed that “Defendant B shall transfer to the Plaintiff the ownership of the D Building E (in the name of the deceased, the indication on the register of the deceased; hereinafter “B”) of the D Building E in the name of the deceased by January 12, 2017, and the loan amounting to KRW 53 million shall be paid to the Plaintiff at the same time as the agreement divorce was reached on December 28, 2016.” On the same day, a notary public was certified as the law firm G 1710 on the same day by December 28, 2016.

(hereinafter referred to as “instant agreement”). C.

At the time of the instant agreement, H’s right to collateral security under the name of the deceased and the maximum debt amount of KRW 28,800,000 in the name of H (hereinafter “H”) and the right to collateral security under the name of the deceased, the obligor, and the maximum debt amount of KRW 34,80,000, was set.

On December 28, 2016, Defendant B paid KRW 53,00,000 to the Plaintiff for the repayment of the loan under the instant agreement. On January 13, 2017, each of the above collateral security obligations was fully repaid, and each of the above collateral security obligations was revoked on January 18, 2017.

On the other hand, on January 18, 2017, the Plaintiff completed the registration of ownership transfer based on sale on January 13, 2017 with respect to the instant loan, and on the same day, the Plaintiff and the maximum debt amount were newly established with respect to the instant loan in the H’s name, the debtor and the maximum debt amount of which are KRW 56,100,000.

E. As above, on January 18, 201, when the registration of ownership transfer was completed on the Plaintiff’s name, KRW 53,000,000 and KRW 43,00,000, respectively, to the post office account in the name of the deceased, who is the registered titleholder of the instant loan at around 11,000,000 (hereinafter “the instant money”).

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