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(영문) 서울동부지방법원 2017.12.14 2016가합111216
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a second child born between the Plaintiff and C.

B. On May 16, 2005, the Plaintiff completed the registration of ownership transfer for the Defendant on May 11, 2005 with respect to the share 61.21/216 of Seongdong-gu Seoul Metropolitan Government D major 216.2 square meters (hereinafter “instant land”) and multi-household 301 of the above site’s multi-household housing (hereinafter “instant housing”).

C. Since then, the above multi-household house was demolished due to reconstruction, and the defendant acquired the right to sell the apartment building Seongdong-gu Seoul, Seongdong-gu, Seoul, 109 Dong 503 (hereinafter “instant apartment”). D.

On May 11, 2016, the Defendant sold the instant apartment in KRW 730,00,000 to F.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, 2, and 5-2, the purport of the whole pleadings

2. The assertion and judgment

A. On May 2005, the Plaintiff and the Defendant: (a) transferred the ownership of the instant land and the instant house to the Defendant; (b) the Defendant selected as the buyer of the reconstruction apartment and reverted the ownership of the said apartment to the Plaintiff who is the actual owner; and (c) concluded an agreement with the Defendant to return the total purchase price to the Plaintiff, if the Defendant sells the reconstruction apartment.

Accordingly, the Plaintiff formally donated the instant land and the instant house to the Defendant, and the Defendant paid only KRW 126,330,503 out of KRW 730,000,000, which was paid from F, the purchaser of the instant apartment sale right.

Therefore, pursuant to the above agreement, the defendant shall pay the remaining purchase price of KRW 603,669,497 to the plaintiff as well as damages for delay.

B. The Plaintiff’s payment of rebuilding charges for the instant apartment does not conflict between the parties.

However, each of the above facts or evidence Nos. 3 and 11 shall be the plaintiff.

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