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Reasons
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(영문) 창원지방법원마산지원 2016.11.30 2016가합100270
약정금
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1. The Defendant’s KRW 57,55,985 as well as 5% per annum from April 22, 2016 to November 30, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant jointly participated in the procedure for compulsory auction of real estate concerning the land and the above land and buildings (hereinafter collectively referred to as the “instant real estate”). However, the purchase price and all expenses agreed to bear 1/2 by the Plaintiff and the Defendant (hereinafter referred to as the “instant agreement”).

B. According to the agreement of this case, the plaintiff and the defendant participated in the above auction procedure and jointly awarded the real estate price of KRW 2,177,700,000, and then paid the above auction price and the total of KRW 2,303,511,970 (hereinafter “the auction price of this case”) and completed the registration of transfer of ownership on September 4, 2006 by one-half shares among the real estate of this case in the plaintiff and the defendant.

C. After that, pursuant to the instant agreement, the Defendant paid a total of KRW 594,200,000 to the Plaintiff from August 31, 2007 to August 25, 2011.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 9 (including each number), the purport of the whole pleadings

2. Determination

A. According to the facts finding the Defendant’s monetary obligation, the Defendant is obligated to pay to the Plaintiff the amount of KRW 557,55,985 [the amount calculated by deducting KRW 594,200,00 already paid by the Defendant from KRW 1,151,75,985 [the auction price of this case 2,303,51,970 x 1/2]; hereinafter “instant agreed amount”) and delay damages.

[Plaintiff claimed payment of KRW 557,705,985, but this is based on the premise that the Plaintiff spent KRW 126,111,970 as the acquisition tax and registration tax for the real estate of this case. As seen earlier, the Plaintiff used only KRW 125,81,970 as the acquisition tax and registration tax. Thus, the part exceeding the above recognition scope among the Plaintiff’s claim of this case is without merit.]

As to the judgment on the defendant's assertion, the defendant's auction proceeds of this case paid by the plaintiff.

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