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(영문) 수원지방법원 2016.01.12 2015가단112975
약정금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The plaintiffs are children of the network F, and the defendant is the spouse of the network G, the birth of the network F.

On October 11, 1994, the deceased F shared 1/2 shares of I forest land 8,430 square meters (hereinafter “instant land”) with Nonparty H on 1/11, 1994. However, on July 3, 1998, the deceased F donated 1/2 shares, one-half shares, which are one-half shares, to the deceased G, who is a square land.

On February 13, 2001, the defendant completed on April 1, 2002 the registration of transfer of shares of the net G due to inheritance by division of consultation.

The land of this case had 11 seedlingss of J clans.

On September 30, 2014, the Seojin-gu Special Drown-gu Co., Ltd. (hereinafter “Seojin-gu”) entered into a pre-sale agreement with the Defendant and each of 1/2 shares out of the instant land, with respect to H and 1/2 shares out of H on the same day, H, D and 4 square meters prior to K, and completed the registration of ownership transfer on October 30 of the same year on the ground of sale.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1, 3, and 4, and the grounds for a claim as to the purport of the entire pleadings, the defendant, in selling 1/2 shares out of the land of this case to the non-party company, agreed to pay to the non-party company KRW 100 million in total by the plaintiffs B and C for the provisional attachment of F's shares among the land of this case prior to the donation of the land of this case, and for the payment of the amount of national tax in arrears, the price paid by the plaintiff B and C for the provisional attachment of F's shares, and for the payment of the amount of national tax in arrears, and for the payment of KRW 25 million in total by the plaintiffs.

Preliminaryly, L entered into the above agreement on behalf of the Defendant, and even if L does not have the right of representation for the household, it is recognized as a basic power of representation for L to the fact that L sold the instant land’s share by consenting to the sale price and terms of the instant land’s share. Therefore, L entered into the above payment agreement with the Plaintiffs is an expression agent under Article 126 of the Civil Act.

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