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(영문) 서울동부지방법원 2016.12.08 2015가단134284
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from November 19, 2015 to the day of full payment.

Reasons

1. The following facts may be found on a comprehensive basis of each description of evidence Nos. 2, 9, and 12, together with the purport of the entire pleading (including the fact that there is no dispute).

The Industrial Bank of Korea, which is the right to collateral security, applied for a voluntary auction against Gangwon-gun C, D, etc. (hereinafter “instant auction real estate”), and accordingly, the auction procedure was commenced on February 14, 201.

The Plaintiff purchased the instant auction real estate between E, etc., the actual owner of the object of auction, and agreed to prevent the said voluntary auction (hereinafter “instant agreement”) by repaying the Industrial Bank of Korea’s debt on behalf of the right to collateral security (hereinafter “instant agreement”), and received provisional registration of the right to claim ownership transfer against part of the auction real estate.

On July 31, 2012, which is the date of sale of the said auction procedure, the Plaintiff and the Defendant entered into an agreement with the Plaintiff on July 31, 2012, where the Plaintiff and the Defendant enter into a competitive bid. However, if the Defendant is the highest purchaser, they entered into an agreement with the Plaintiff on the transfer of ownership of KRW 300,00 (hereinafter “instant agreed real estate”) out of KRW 496, G 623, and D forest land 22,517, among the real estate at auction in the instant case.

(hereinafter “Agreement 1”). The Defendant paid the price as the highest buyer during the said voluntary auction procedure and acquired the ownership of the entire auction real estate of this case on September 11, 2012. On the same day, the Defendant completed the provisional registration of the right to claim ownership transfer based on the trade reservation against the whole auction real estate of this case.

The Plaintiff filed a criminal complaint against the Defendant on the charge of fraud against the Defendant who did not implement the first agreement. On April 10, 2013, the investigative process, the Plaintiff agreed to pay KRW 60 million to the Plaintiff KRW 1,000 if the Defendant transferred the ownership of the instant real estate out of the instant auction real estate to the Plaintiff by October 31, 2015.

(c).

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