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(영문) 울산지방법원 2019.11.21 2018가합26686
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. From October 192, 1992, the plaintiff and the defendant operated the Ulsan Market (hereinafter "the instant store") with the trade name "Emart" in No. 1 floor D of Ulsan-gu, Ulsan-gu, Seoul Metropolitan City, which was sold by the defendant from around October 1992.

B. On April 15, 1996, Won-gu, Ulsan-gu, U.S.F. 196.2 square meters in the vicinity of the instant store, purchased reinforced concrete, and constructed the three-story neighborhood living facilities and multi-family houses on the said ground, and used the said building in the work room, warehouse, office, etc. of the instant store, and purchased the GJ 187.3 square meters in the vicinity of the instant store on October 8, 1999 and used it as the parking lot of the instant store. ③ On July 20, 201, the Ulsan-gu, Ulsan-gu, U.S., U.S. 187.8 square meters in the vicinity of the instant store and leased it to a third party.

(hereinafter referred to as “each of the instant real estate”) and (2), and (3), respectively.

On or after the beginning of December 2007, the Plaintiff and the Defendant agreed to pay the Plaintiff KRW 960 million to the Plaintiff (hereinafter “instant agreement”) by transferring the instant real estate in the name of the Plaintiff to I while the Plaintiff would discontinue the operation of the instant store, and the Defendant transferred the instant real estate to I, who is the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8, 11, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion is obligated to pay KRW 960 million to the plaintiff according to the agreement of this case, and since only KRW 500 million has been paid, it is obligated to pay KRW 460 million unpaid (= KRW 960 million - KRW 500 million).

3. Determination

A. On December 207, 2007, the Defendant agreed to pay to the Plaintiff KRW 960 million instead of taking over each of the instant real estate after the Defendant’s son transferred the instant store from the Plaintiff, and the Defendant agreed to pay the Plaintiff KRW 960 million.

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