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(영문) 부산지방법원 2018.10.12 2017나61164

정산금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 3, 2011, the Defendant completed the registration of ownership transfer with respect to each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) and C completed the registration of ownership transfer with respect to each of the instant lands on November 16, 201.

B. On February 6, 2014, the Defendant filed a lawsuit against C seeking cancellation of the above provisional registration with the Ulsan District Court 2013Kadan24183 (hereinafter “instant lawsuit”), and the conciliation was concluded with the Defendant’s main content that transferred part of the shares of each of the instant land to C and the Intervenor D and the Intervenor D and that the aforesaid provisional registration should be cancelled.

C. On June 10, 2014, the Defendant: (a) concluded a compensation agreement to transfer the instant land Nos. 2, 6, and to receive KRW 76,729,500 as compensation for losses, the Defendant completed the registration of ownership transfer on the 12th of the same month, on the 10th of the same month; and (b) on the 20th of the same month, the Yangsan City paid the said compensation for losses to M, who is the holder of the instant provisional attachment of the instant land Nos. 2, 6 (the Busan District Court 2013Kadan2959) at the Defendant’s request.

On August 19, 2014, the Defendant agreed to revise the terms of the agreement that was concluded at the time of the conciliation between the Defendant and the above C and D by paying KRW 300 million to them and cancelling the above provisional registration. The Defendant paid KRW 300 million to them around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6 through 8 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 6, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion was actively engaged in the collection of data on the lawsuit of this case upon the defendant's request made by the defendant, and mediation was concluded at the end of these plaintiff's efforts.

Accordingly, on June 30, 2014, the Defendant’s land of this case between the Plaintiff and the Plaintiff is as follows.