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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2016.04.08 2015나27899
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The defendant of the purport of the claim shall make the plaintiff 300,000.

Reasons

1. Basic facts

A. On April 20, 1998, the Defendant’s husband G received 220,80,807,620 square meters from the Seocho-si Seoul High Court’s Seoul High Court’s H Voluntary Auction (hereinafter “instant land”) and paid the price on May 15, 1998 and completed the registration of ownership transfer on July 14, 1998.

B. On March 5, 2001, G registered the provisional registration cancellation on the ground of the pre-sale agreement on August 20, 200 with respect to the land of this case as of March 5, 2001, with the Plaintiff as the right holder of the provisional registration, and registered the provisional registration cancellation on July 4, 2001.

C. G sold the instant land to D and E on September 8, 2003, and completed the registration of ownership transfer on October 20, 2003.

G transferred to the Plaintiff KRW 100,000,000 on August 2, 2005, and KRW 100,000,000 on December 29, 2005, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 7, 8, 16 (including virtual numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is based on the grounds of the claim that the plaintiff asserted as follows.

1) The Defendant and his husband received a successful bid of the instant land with the Plaintiff’s funds. At his discretion, the Defendant sold the instant land to D and E without the Plaintiff’s approval, and the Defendant agreed to pay the Plaintiff KRW 500,000,000 to the Plaintiff as compensation for damages therefor on December 1, 2006. (2) According to the agreement, G paid the Plaintiff KRW 200,000,000 on August 2, 2005, and KRW 10,000,000 on December 29, 2005. The Defendant did not pay the remainder of the money, and the Defendant notified the Plaintiff of the payment, and the Defendant again agreed to pay KRW 30,00,000 on December 11, 2009.

3. Therefore, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 300,000,000 and damages for delay from December 12, 2009.

B. As alleged by the Plaintiff, the Defendant agreed to pay KRW 500,000,000 to the Plaintiff around 2005.

As to whether or not a contract was made to pay KRW 300,000,000 on December 11, 2009, the Health Unit and Section 1.

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