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(영문) 서울서부지방법원 2016.05.13 2015가단225526
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. On November 12, 2003, the Defendant completed the registration of ownership transfer with respect to the area of 2,900 square meters (hereinafter “C land”) prior to Busan-si, Busan-si.

B. The Defendant-friendly Plaintiff, on January 21, 2004, sold the Jongno-gu Seoul Jongno-gu E large area of 161.7 square meters and detached houses owned with D around January 21, 2004 to 600 million won.

3.26. Completion of the registration of ownership transfer.

C. The Plaintiff’s KRW 30 million on February 20, 2004

3.3.3.3 million won was withdrawn from the account. D.

On March 16, 2004, the defendant completed the registration of creation of a mortgage over the maximum debt amount of KRW 70 million by providing C land as a security to the creditor agricultural cooperative.

E. The Plaintiff’s sale of the instant orchard 1,144 square meters, G orchard 1,481 square meters, H orchard 1,544 square meters (hereinafter “instant orchard”) with respect to the F orchard in Chungcheongnam-nam budget-gun adjacent waters, on the grounds of the sale as of April 12, 2004.

4. Each registration of ownership transfer shall be completed.

F. The Defendant, on the ground of sale as of June 1, 2004 with respect to the land of 4,252 square meters (hereinafter “I land”) in Ansan-si.

6. 8. Completion of the registration of ownership transfer.

G. The Plaintiff sold the instant orchard to J, and completed the registration of ownership transfer on January 18, 2006 on the ground of sale as of December 28, 2005.

H. The Defendant sold I land to the Korea Rural Community Corporation in KRW 83,630,00 and accepted the transfer registration on December 14, 201.

[Evidence Evidence: Facts without dispute; Gap evidence Nos. 1, 2, 3, 5, 8; Eul evidence Nos. 1 and 3; the inquiry results on the Korea Rural Community Corporation; the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The Plaintiff’s assertion revealed that he sold the instant detached house E, and the Defendant remains in the Defendant’s house located in the astronomical and Asan City after receiving investment recommendation from the Defendant, and returned to the nearby area in the Yanan City with the broker, and confirmed the site by printing the land, and then purchased I land in the Yan City.

The purchase procedure shall be entrusted to the defendant and the above 1-C.

60 million won withdrawn from the subsection of this paragraph.

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