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(영문) 수원지방법원안양지원 2017.12.01 2017가단2944
약정금
Text

1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 5% per annum from March 13, 2015 to December 1, 2017.

Reasons

1. Basic facts

A. AD reconstruction project committee established to reconstruct a building of 7th floor above C (hereinafter “instant building”) in Gunposi-si (hereinafter “instant reconstruction committee”) filed a lawsuit with the Plaintiff, the owner under the said building, seeking ownership transfer and real estate transfer at the same time as the purchase price was paid, as it exercised the right to demand sale under the Act on Ownership and Management of Condominium Buildings (U.S. District Court Decision 201Gahap9438), and on November 2, 2012, an agreement was reached between the said parties on November 5, 2012, and the said lawsuit became final and conclusive as mediation was made on November 5 of the same year.

1. The plaintiff, as the owner under the above 302, expresses his/her consent to the rebuilding of the building in the above lawsuit, and deliver to the rebuilding committee of this case the plaintiff's signature and seal impression attached to the rebuilding resolution and the letter of consent to the selection of representative.

5. The instant rebuilding committee shall pay 90,000 won to the Plaintiff with the agreed amount, on condition that 50,000 won shall be paid by November 30, 2012 and 40,000 won shall be paid by March 31, 2013.

B. On January 201, 2013, the Plaintiff received KRW 40 million from the instant rebuilding committee, but did not receive the remainder of KRW 50,000,000. On May 30, 2014, the Plaintiff drafted a written agreement (hereinafter “instant agreement”) with the Defendant with the service company regarding the instant rebuilding project:

Title: (1) On November 2, 2012, the instant reconstruction project committee, on behalf of the Plaintiff, paid KRW 90,000 as agreed upon by the chairperson E, the secretary general F, the general secretary G, etc. on behalf of the Plaintiff for the registration of ownership transfer, etc. on November 2, 2012. However, at the time, KRW 40,00 won was paid, and the remainder of KRW 50,000 has not been paid until May 29, 2014.

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