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(영문) 대전지방법원 홍성지원 2018.03.27 2017가단7880

소유권이전등기 말소등기절차이행

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C completed the registration of ownership transfer in its name on February 28, 1994 with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant land”). On January 14, 2011, the Plaintiff completed the registration of ownership preservation with respect to the instant building on the instant land.

B. On February 25, 2016, the Plaintiff filed a lawsuit against the Daejeon District Court red support 2015da10530, and the instant conciliation was conducted between C and the Plaintiff as follows (hereinafter “instant conciliation”).

(‘Plaintiff’s “Plaintiff” and “Defendant” refer to the Plaintiff in this case). Details of mediation

1. By April 20, 2016, the Plaintiff shall implement the procedure for the registration of ownership transfer for the purchase and sale of the instant land to the Defendant by February 25, 2016.

2. By April 20, 2016, the Defendant shall pay the Plaintiff the down payment of KRW 35 million out of the purchase price.

3. Paragraphs 1 and 2 shall be simultaneously implemented.

4.(a)

The Defendant shall pay the remainder of KRW 75 million to the Plaintiff from the purchase price until May 20, 2016.

B. If the defendant fails to pay the above amount by the above payment date, damages for delay calculated by 15% per annum from the date following the payment date to the date of full payment shall be paid.

5. The plaintiff and the defendant confirm that no obligation exists between the plaintiff and the defendant, except as provided in the above provisions.

C. On May 25, 2016, C was granted an execution clause (hereinafter “instant execution clause”) from the chief clerk D who belongs to this court (hereinafter “instant execution clause”). On June 16, 2016, C filed an application for compulsory auction of the instant building with the title of execution under the instant protocol of mediation (sale balance 75 million won under paragraph (4)). Accordingly, the Daejeon District Court Red support E for the Daejeon District Court commenced compulsory auction.

(hereinafter “instant compulsory auction”). D.

Since then, the defendant is a building of this case through the compulsory auction procedure of this case.