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(영문) 의정부지방법원고양지원 2015.01.29 2014가단68078
약정금
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 20% per annum from September 18, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. C(D) bears the Plaintiff’s obligation to pay the construction cost (hereinafter “instant obligation”) based on the construction agreement concluded on December 28, 2010.

B. On March 28, 2012, D agreed to implement the procedure for the registration of ownership transfer as to No. 401 of the building that was newly constructed on the land E in its own name at the time of strike (hereinafter “instant building”) in lieu of repayment of KRW 80,000,000 among the instant debt, and C jointly and severally guaranteed this.

C. F filed an application for provisional disposition of prohibition of disposal as to the instant building 401 on September 10, 2012 with the Seoul Southern District Court 2012Kahap537 claiming the registration of real estate ownership transfer under the sales contract as the preserved right, and received a decision citing the said application on September 10, 2012.

On September 12, 2012, due to the commission of the above provisional disposition registration, the registration of ownership preservation made the defendant as the owner of the building in this case was completed. D.

The Plaintiff filed a lawsuit against the Defendant seeking cancellation of the registration of initial ownership in the instant building No. 401 as the Busan District Court Branch Decision 2014GaGa422.

E. On March 4, 2014, the Defendant entered into a contract with the Plaintiff and C to accept the instant obligation [as indicated in the debt acquisition agreement, the Defendant signed a contract with C to assume the obligation jointly and severally with the Plaintiff, the obligor C, the construction cost of KRW 80,000,000, the due date of payment on May 18, 2012, the payment of interest per annum on the last day of May 18, 2012, and the original of the contract: (a) payment contract in substitutes as of March 28, 2012.].

F. As to the instant building 402, the Defendant completed the registration of the right to claim ownership transfer on the ground of the pre-sale agreement on March 4, 2014, and the Plaintiff withdrawn the lawsuit seeking revocation of the said fraudulent act.

[Reasons for Recognition] The entry of Gap 1 to 4, and 6, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant's debt of this case 80,000,000 won and this.

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