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(영문) 수원지방법원 성남지원 2018.09.19 2017가단14054
합의각서금
Text

1. The Defendant’s KRW 40,000,000 and the Plaintiff’s annual rate of KRW 5% from May 13, 2015 to September 19, 2018.

Reasons

1. Basic facts

A. On November 7, 2006, D, the husband of the Plaintiff, entered into a sales contract with the Defendant to purchase the Defendant’s F real estate located in Gangnam-gu Seoul, Seoul, the Defendant’s shape E (hereinafter “instant sales contract”). At the Defendant’s request to compensate for the difference, D entered into an additional agreement with the Defendant to compensate for the difference, and accordingly completed the registration of ownership transfer in the H designated by the Defendant as to the land and fields owned by D (hereinafter “instant land”).

B. After that, although the instant sales contract and the said additional agreement were rescinded on June 5, 2007, the Defendant was unable to return the ownership of the instant land to D due to a dispute between H, D filed a lawsuit against the Defendant (Seoul Central District Court 2010Kadan24820) regarding the instant land on June 29, 2010 to implement the provisional disposition prohibiting the disposal of the instant land, and simultaneously to implement the procedures for the transfer registration of ownership against the Defendant (Seoul Central District Court 2010Kadan24820).

C. On November 25, 2010, the Defendant: (a) agreed between the Plaintiff and the Plaintiff who represented D on behalf of November 25, 2010, that “if the Defendant sold the instant land ownership on behalf of the Plaintiff and then paid KRW 70 million out of the purchase price to the Plaintiff, the agent of D, the provisional disposition shall be revoked; and (b) the Defendant’s expenses, including taxes, shall be borne by the Defendant: Provided, That if the said money is paid in lump sum, the Defendant withdraws the said lawsuit on condition that the said money would be paid in lump sum (hereinafter “instant agreement”); and

Around November 9, 2011, the Defendant entered into a sales contract for the instant land with I, and received 15 million won down payment from I and paid the Plaintiff.

(B) Since the above sales contract was not properly implemented, the defendant paid a penalty to I and rescinded the above sales contract.

On December 7, 2011, the Defendant paid to the Plaintiff a total of KRW 15 million on December 19, 201, and KRW 15 million on December 19, 201.

F. The defendant is above.

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