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(영문) 대전지방법원 2015.12.23 2014가합106636
약정금
Text

1. The Defendant’s KRW 8,582,170 and KRW 4,038,060 out of the above money to the Plaintiff shall be KRW 4,54,110 from September 10, 2015.

Reasons

1. Basic facts

A. The Plaintiff and C are the owners of each real estate listed in the separate sheet No. 1 (hereinafter referred to as “third real estate”), and the Defendant is the husband of D who owns each real estate listed in the separate sheet No. 3 (hereinafter referred to as “third real estate”) and is the actual owner of the third real estate.

On the other hand, E is the husband of F, and is the actual owner of each real estate listed in attached Table 2 (hereinafter “second real estate”).

B. On October 13, 2013 through father G, the Plaintiff and C entered into an exchange contract with the content of exchanging the first real estate with the second real estate (hereinafter “first exchange contract”) and on the same day, E entered into an exchange contract with the Defendant on the same day, with the content of exchanging the first real estate acquired by E under the said exchange contract with the Defendant’s third real estate (hereinafter “second exchange contract”).

C. Meanwhile, around October 2012, the Plaintiff borrowed KRW 1,230,000,000 from a Han Bank Co., Ltd. (hereinafter “one Bank”), as a collateral for the performance of the loan, set up a mortgage on KRW 900,000,000 among them, and submitted the remainder of KRW 330,000,000 to the Korea Credit Guarantee Fund a guarantee certificate.

At the time of the conclusion of each exchange contract between the Plaintiff and C, the Plaintiff and C have completed the registration of ownership transfer directly to the Defendant without going through E as to the real estate No. 1, and the Defendant agreed to take over the Plaintiff’s obligation of KRW 1,230,000,000 as the aggregate of the secured debt of the Plaintiff’s right to collateral security and the loan obligation of KRW 330,000,000 guaranteed by the Credit Guarantee Fund in lieu of the remainder payment.

(hereinafter referred to as the “instant acceptance agreement”). If the process of exchange contract between the third parties is indicated in the table, it shall be as follows:

[Attachment 1: Exchange contract and acceptance agreement on each of the instant real estate ] Real Estate owner exchange contract with the Plaintiff and C.

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