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(영문) 서울고등법원 2015.11.25 2015재나731

공사대금

Text

1. The quasi-examination of the defendant (quasi-examination plaintiff) is dismissed;

2. The costs of quasi-examination are assessed against the defendant.

Reasons

1. According to the records, the following facts are acknowledged. A.

The Plaintiff filed a lawsuit against the Defendant and C (hereinafter referred to as “Defendant, etc.”) by asserting that “the Plaintiff was unable to receive construction payment despite having newly built a multi-household house to the Defendant, etc.” as the U-government District Court senior 2014Kahap796, the Defendant, etc. filed a lawsuit claiming money stated in the purport of the claim with the Defendant, etc., and the U-government District Court senior branch rendered a judgment that fully accepted the Plaintiff’s claim on May 14, 2014.

B. The Defendant, etc., dissatisfied with the above judgment, filed an appeal with the Seoul High Court No. 2014Na31785, and delegated the legal representation of the instant case to the law firm (with limited liability) on August 4, 2014.

On the other hand, the Seoul High Court (Seoul High Court) referred the case to the conciliation and decided that the case was subject to quasi-deliberation, which is a substitute for conciliation, on November 18, 2014, when the parties did not reach an agreement on October 30, 2014, which was the date of conciliation.

1. The Defendant, etc. jointly and severally pays KRW 70,000,000 to the Plaintiff by January 20, 2015, and the Defendant, in order to secure this, shall implement the procedures for the registration of the establishment of a mortgage on the land of Goyang-gu E, Soyang-gu, the maximum debt amount is KRW 70,000,000, and the debtor’s

2. When the defendant, etc. fails to pay the above money until the above date, the defendant shall implement the procedure for the registration of ownership transfer with respect to 101 houses for multi-household 101 on the ground of Goyang-gu, Gyeyang-gu, Yangyang-gu, Yangyang-gu, Seoul, as of January

3. The Plaintiff withdraws an application for a compulsory auction on real estate filed with the Goyang-gu District Court for the Goyang-gu Seoul Metropolitan City F and E land.

4. All remaining claims of the Plaintiff against the Defendant, etc. shall be waived, and the Plaintiff, the Defendant, etc. shall not raise any objection in the future.

5. The total costs and expenses for conciliation shall be borne by each person;

C. The decision subject to quasi-examination is made on November 21, 2014 by the Plaintiff’s attorney and the Defendant, etc.