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(영문) 서울서부지방법원 2014.11.13 2014가합31264
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. The Plaintiff and C’s real estate acquisition 1) The Plaintiff, along with C around August 1998, shall be 2,392 square meters of forests and fields, E, 3,141 square meters of forests and fields, E,141 square meters (hereinafter the above two parcels of land are “each of the instant real estate”).

(B) On August 16, 2010, each of the instant real estate was purchased with 1/2 shares, and the registration of ownership transfer was completed in the name of F, an son, for each of the instant real estate on August 5, 1998. (1) Of each of the instant real estate, D forest land 2,392 square meters in Pakistan-si was divided into 2,312 square meters in G forest land on April 15, 2008, and a registration conversion was divided into 1,977 square meters in G forest land and 339 square meters in forest land on August 16, 2010.

2) Of the instant real estate, E- 3,141 square meters in each of the instant real estate was subject to registration conversion on December 26, 2007 with 3,128 square meters in each forest land in Pakistan, and was divided into 3,046 square meters in I forest land and 3,046 square meters in J forest and 82 square meters in December 26, 2007. On December 12, 2008, the land category was changed to 3,046 square meters in each of the instant real estate. (C) The Plaintiff and C obtained a construction permit on the construction of Class 1 neighborhood living facilities (retail stores) in each of the instant real estate among the instant real estate from the mayor of Pakistan on January 7, 2004.

The Plaintiff’s share in each real estate of this case

1. A (F) and B (Plaintiffs) transfer 1/2 of their shares in each of the instant real estate of this case jointly acquired by Byung (Defendants) and Byung shall repay Eul’s obligations (one hundred million won for bank loans and interest loans, KRW 39,66,875, KRW 20,000, KRW 2000, KRW 2500, KRW 34,000, and KRW 250,000,000 for authorization and permission expenses, KRW 34,000, and KRW 250,00,000 for Agricultural Cooperative loans) with the intention to acquire 10,000,000 won for additional loans. Byung shall pay KRW 370,000 in cash.

(b)

3. Sick’s agreement to pay to B on June 16, 2008; and on July 16, 2008, 170 million won on July 16, 2008; and it shall be null and void if the said agreement is not fulfilled.

4.A shall consent to all the above matters and shall be notarized by three persons A, B, and C.

5. Taxes, public imposts, transfer taxes, etc. incurred at the time of selling the above land;

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