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(영문) 서울동부지방법원 2016.01.15 2013가단29944
이행각서금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 3, 2009, the Plaintiff entered into a sales contract with Nonparty C Co., Ltd. (hereinafter “C”) on the purchase price of KRW 300,040 square meters for the Plaintiff and Nonparty D’s Gangseo-gun, Hongcheon-gun, Hongcheon-gun (hereinafter “instant real estate”), and received the down payment of KRW 10,000,000 on the date of the contract, and paid the remainder amount of KRW 290,000 until November 30, 2009.

(hereinafter referred to as “the instant sales contract”). (b)

C The representative of C suggested that the F will pay remainder of KRW 290,000,000,000 for the remainder of the real property of this case by borrowing the money as collateral, and that the F would be 30,000,000,000,000 won for the loan to Nonparty G as collateral on December 2, 2009.

C. C failed to pay any balance by the agreed date. On January 12, 2010, C paid the remainder of KRW 200 million, and received the registration of ownership transfer from the Plaintiff, etc., and agreed with the Plaintiff, etc. to pay the remainder of KRW 90 million up to March 31, 2010. Accordingly, C’s transfer of ownership was made in the name of C on January 12, 2010.

G With respect to the instant real estate without authority on January 12, 2010, without the authority, “I, as the first-class collateral security holder of the instant real estate, I, on his behalf of the principal and receive a claim and a right of collateral security transfer on March 31, 2010, if I, as the first-class collateral security holder of the said indicated real estate, do not perform the repayment on the second-class obligation of C Co., Ltd. as the owner and the second-class collateral security holder of the said real estate, I prepared a performance note (hereinafter “each of the instant notes”) and deliver it to the Plaintiff.

E. G: (a) on March 20, 2014, on the ground that each of the instant notes was forged without authority, G was forged; (b) on March 20, 2014, Seoul Northern District Court Decision 2012Da2433, Misappropriation; and (c) the

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