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(영문) 서울중앙지방법원 2015.10.02 2015가합5564
약정금
Text

1. The Plaintiff; Defendant B shall be KRW 193,905,00; Defendant C shall be KRW 102,728,500; and each of the above amounts shall be from September 12, 2015.

Reasons

1. Basic facts

A. Nonparty D (the deceased on November 10, 2008, hereinafter “the deceased”) had 2 children of 5 women, including Defendant B and Defendant C (the deceased died on November 10, 2008, hereinafter “the deceased”), who were married between the wife and the wife E (the deceased around 2010), and K as the deceased’s son (the deceased died around 1978).

B. The Deceased owned a 1,395 square meters in Gangnam-gu, Seoul (hereinafter “1 Real Estate”) and 2,995 square meters in total before M (hereinafter “2 Real Estate”). However, on November 30, 1999, on the ground of the gift made by the Defendant B, the registration of ownership transfer was completed on December 11, 199.

In addition, on December 23 of the same year, the registration of ownership transfer was made in the name of Defendant C on the grounds of the donation of the second real estate on the same date.

C. On March 7, 2001, in the event that the Plaintiff raised an issue regarding the registration of transfer of ownership of each of the instant real estate, the Defendants: “In the event that each of the instant real estate is sold and sold, the Defendants shall pay to the Plaintiff, F, G, H, and I (hereinafter “Plaintiff, etc.”) 50% of the purchase price.”

written and notarized this.

In addition, on December 20, 200, prior to the preparation of the memorandum of the instant payment, Defendant B completed the registration of creation of a mortgage over KRW 200 million with the Plaintiff, etc. and Defendant C, the mortgagee, etc. on the instant real estate on December 20, 200, and Defendant C completed the registration of creation of a mortgage over the maximum debt amount of KRW 100 million with the Plaintiff, etc. on March 19, 2001 following the preparation of the memorandum of the instant payment.

Since then, Defendant B is "YAFFF" for the first real estate of this case and "YAFFFFF".

On April 6, 2012, the establishment registration of a mortgage over the maximum debt amount of KRW 156 million with N as of April 6, 2012 and the maximum debt amount of KRW 689 million with Defendant B as the debtor.

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