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(영문) 의정부지방법원고양지원 2019.05.31 2018가단97005
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In fact, the plaintiff is the mother of the defendant, such as the title trust agreement of the original defendant.

In around 2004, the Plaintiff acquired the right to lease and the right to sell multi-unit apartment E rental housing (hereinafter “instant apartment”) under the name of the Defendant, and concluded a sales contract with the Korea National Housing Corporation under the name of the Defendant, and completed the registration of ownership transfer, and entered into a title trust agreement (hereinafter “instant title trust agreement”) with the purport that the actual ownership will revert to the Plaintiff.

On February 21, 2004, the defendant transferred the status of lessee from F to F in the lease agreement on the apartment of this case concluded between the Korea National Housing Corporation and F in 43,075,000 won. At the same time, F was succeeded to the lease deposit that was paid by F in the Korea National Housing Corporation.

The plaintiff was also liable for the acquisition of the above tenant status.

After taking over the above tenant status, the Korea National Housing Corporation notified the Defendant of the additional lease deposit of KRW 1,653,00, and the said additional lease deposit was also borne by the Plaintiff.

On July 14, 2007, the Defendant subleaseed the apartment of this case to G in KRW 50,000,000, and KRW 50,000,000 paid by G was acquired by the Plaintiff.

On January 30, 2008, the Defendant entered into the instant sales contract with the Korea National Housing Corporation, and the Defendant entered into a sales contract (hereinafter “instant sales contract”) with the content that the instant apartment was sold in lots at KRW 89,067,00 (the contract amounting to KRW 34,728,00,00, intermediate payment of KRW 4,339,000, the remainder payment of KRW 50,000, and the lease deposit already paid for the instant apartment was replaced by part of the sale price (hereinafter “instant sales contract”).

On February 14, 2008, the Plaintiff paid KRW 20,991,920 to the Defendant.

On the same day, the Defendant issued a promissory note with the Plaintiff’s face value of KRW 110,00,000 at sight (hereinafter “instant promissory note”).

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