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(영문) 부산지방법원 2017.10.20 2017나1568
약정금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On November 11, 2014, between the ownership share of 225/2733 and the network H, the owner of the building on the ground (hereinafter “the deceased”) in Busan Seo-gu G land (hereinafter “instant land”), concluded a sales contract to pay KRW 430 million for the shares owned by the deceased and the building on the ground of the instant land as KRW 430 million, among the instant land, on the date of the contract, and the intermediate payment of KRW 50 million for the down payment, KRW 80 million for the remainder on December 11, 2014, and KRW 300 million for each payment on January 8, 2015.

(hereinafter “instant sales contract”). B.

On December 2014, the Plaintiff, a certified judicial scrivener, was delegated with the registration of ownership transfer pursuant to the instant sales contract from the development of dental industry in the land of the corporation around the end of December.

C. While examining the entire record of the instant land’s registration, the Plaintiff became aware of the completion of a provisional registration that was made on December 31, 1975 on the ground that “the preservation of the right to claim transfer of ownership by means of trade reservation” (hereinafter “the instant provisional registration”) was made on December 30, 1975. D. On January 12, 2015, the Plaintiff transferred KRW 30 million to the account in the name of I, a person with the right to the instant provisional registration, and the instant provisional registration was cancelled on January 12, 2015.”

E. On May 26, 2015, the Deceased died and his heir is Defendant C, D, E, and F, the spouse of the deceased.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 and the purport of the whole pleadings

2. The plaintiff's assertion

A. In order to cancel the provisional registration established on the instant land, the deceased agreed to pay to the Plaintiff the amount of KRW 3,300,000,000, calculated in proportion to the deceased’s share in the instant land (hereinafter “cost for cancellation of the provisional registration of this case”), among the KRW 40,000,000 paid to I for the cancellation of the provisional registration established on the instant land. The Defendants inherited the deceased’s obligation to pay the said agreed amount.

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