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(영문) 대전고등법원 2019.10.02 2019나13115
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties’ assertion

A. On July 31, 2013, the summary of the Plaintiff’s assertion and the Defendant are legally married couple, and the Defendant prepared a written statement of this case with the purport that, in the event that the Plaintiff and the Defendant transferred to the Plaintiff the Defendant’s share on real estate jointly owned by each of 1/2 shares to the Plaintiff, and additionally, pay to the Plaintiff KRW 300,000,000,000.

However, as the Defendant abused and injured the Plaintiff on August 10, 2013, the Defendant is obliged to pay the Plaintiff KRW 300,000,000 in accordance with the instant text.

B. The summary of the Defendant’s assertion 1) The content of each of the instant agreements is related to monetary consideration, and is unilaterally unfavorable to the Defendant, and thus is null and void in accordance with Article 103 of the Civil Act, as it is a juristic act whose content violates good morals and other social order. 2) Even if each of the instant agreements does not constitute a juristic act contrary to good morals and social order, the agreement on the payment of money under each of the instant agreements is made by an expression of intent, not by the Defendant’s intention, and is thus null and void in accordance with Article 107(1) of the Civil Act, since the Plaintiff had

3) Also, since the Defendant written the instant letter by the Plaintiff’s coercion, each of the instant forms is null and void. 4) Even if each of the instant forms is valid, the real estate under the joint name stated in each of the instant forms refers to only an apartment in Incheon. On October 31, 2014, the Defendant transferred the Plaintiff the entire ownership of the real estate located in Asan, other than the instant apartment. Accordingly, the Defendant transferred the ownership of the real estate in Asan to the Plaintiff.

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