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(영문) 수원지방법원 성남지원 2018.02.13 2016가단218569
약정금
Text

1. The defendant's KRW 22,043,050 to the plaintiff and the plaintiff

(a) As regards KRW 12,043,050 among them, from August 23, 2016:

(b) rest 10.

Reasons

1. Basic facts

A. On September 15, 2005, the Plaintiff purchased a price of KRW 250 million at KRW 20 million in the purchase of the land and the ground house D in the Gyeonggi-si, Gwangju-si (hereinafter “instant house”); and hereinafter, at the time of indicating the parcel number of the land, the Plaintiff purchased the land from KRW 30 million.

B. In fact, the instant housing was 12 square meters out of the land E, 3 square meters out of the land E, 3 square meters, and H out of the land E, 12 square meters, 3 square meters out of the land G, and 4 square meters. However, other land than D was not owned by C, and C was not able to secure and transfer the right to the said land to the Plaintiff, and eventually, the Plaintiff was unable to undergo a mid-term inspection on the instant housing.

C. In such a situation, on September 25, 2012, the Plaintiff purchased “3 square meters from the F land, 3 square meters from the land, and 12 square meters from the land,” and the Defendant’s consent to permanent use with respect to “4 square meters from the H land and “F land”: Provided, That as to “4 square meters from the H land,” the ownership was transferred rather than the permanent consent to use.

(See Evidence No. 4-2). The Plaintiff entered into a sales contract to pay 35 million won to the Defendant (hereinafter “instant sales contract”). D.

Meanwhile, notwithstanding the instant sales contract, the Plaintiff and the Defendant delayed the Defendant’s duty to transfer the ownership of “F land” and “H land” among the subject matter of sale. On March 20, 2014, the Plaintiff and the Defendant drafted a performance agreement with the effect that “where the Defendant transferred four of H land to the Plaintiff by May 20, 2014, if it is impossible for him/her to implement the agreement, he/she will transfer the interest on the Plaintiff’s loan to the Plaintiff’s I association (a loan of KRW 150 million) from August 20, 2014 to the time of transfer of ownership (hereinafter “the first performance agreement”). After the first performance agreement, the Plaintiff and the Defendant did not perform the obligation to transfer the ownership of the H land of KRW 4 on March 6, 2015.”

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