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(영문) 수원지방법원 2015.06.09 2014가합68078
약정금
Text

1. The Defendants jointly share KRW 438,654,00 with the Plaintiff and KRW 5% per annum from September 7, 2012 to June 9, 2015.

Reasons

1. Facts of recognition;

A. On September 2005, the Plaintiff and the Defendants agreed to make an investment of KRW 400 million in Defendant C’s share 26,281/26,281 and 2,380 square meters of land E and 476/2,380 square meters of land E and 2,380 square meters of land in Gwangju City (hereinafter “E forest”), and jointly create a site and jointly distribute the proceeds of sale (Evidence 1).

In accordance with the above agreement, the Plaintiff paid a total of KRW 400 million to the Defendants from July 3, 2005 to September 30, 2005.

B. On October 6, 2005, the Plaintiff owned by the Defendants to secure the above investment amount of KRW 400 million.

On October 5, 2005, with respect to the share of real estate as stated in the paragraph, the registration of establishment of mortgage of the maximum debt amount of 600 million won based on the mortgage contract was completed.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) C.

Since then, around March 3, 2006, the area of 26,281 square meters of D forest land in Gwangju-si was divided into 4,380 square meters of E forest land, 6,399 square meters of F forest land, 15,502 square meters of G forest, and among which 6,39 square meters of F forest land was registered as 6,163 square meters of H forest land (hereinafter “H forest before division”) around June 13, 201.

Before the above division, the forest land H had been registered for transfer of ownership in the future of the Defendants due to the division of the jointly owned property on February 27, 2006 on March 29, 2006.

(2,019/6,399, Defendant B’s share 4,380/6,390).

On September 3, 2011, the Plaintiff and Defendant B drafted an agreement to receive KRW 450,00,000 from the proceeds from the sale of H forest land before division, waive all the rights at the time of completion, and cancel the instant mortgage. Specifically, the Plaintiff, from the proceeds from the sale of the primary site, received KRW 30,000,000 from the proceeds from the primary site, cancelled the right to collateral security and cancel all the remaining money from the proceeds from the secondary site, and then receive the remaining money from the proceeds from the secondary site and cancel all the right to collateral security (hereinafter “instant agreement”).

Upon the preparation of the instant agreement, Defendant B entered into the agreement with Defendant C and entered into it with his delegation.

(e) thereafter;

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