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(영문) 수원지방법원 2017.08.16 2017가단511729

기타(금전)

Text

1. The Defendant shall pay KRW 1,18,471 to the Plaintiff the annual rate of KRW 15% from April 12, 2017 to the date of complete payment.

Reasons

1. Evidence 【Evidence】 1-1, 2, A2, 3 through 7, A8-1, 2, A9 through A12, A13-1, 2, A14, A15, and the purport of the whole pleadings;

A. Decision 1 in lieu of conciliation between the Plaintiff and the Defendant is the owner of B B, 1217 square meters and C, 1638 square meters prior to the date of Sungsung-si. 2) The Plaintiff filed a lawsuit against the Defendant on the ground that the Plaintiff violated the said land by owning the Defendant’s building on the said land, and filed a lawsuit on January 23, 2017.

The Plaintiff sells the purchase price of KRW 680,403,60 (238,320 per square meter) to the Defendant on the fixed date of the instant decision on compulsory adjustment, which is 1217 square meters and C previous 1638 square meters, prior to the date of the instant decision on compulsory adjustment, and the Defendant purchases it.

B. The Defendant shall pay 680,403,600 won (238,320 won per square meter) to the Plaintiff as the purchase price indicated in paragraph (a) of Article 1.

C. The plaintiff shall implement the procedure for the registration of ownership transfer concerning each real estate mentioned in paragraph (1) to the defendant.

The provisions of paragraphs (b) and (1) shall be the simultaneous performance relationship.

2. The defendant recognizes the plaintiff's right of passage over surrounding land D, E, and F in the Sungsung City owned by the plaintiff.

‘ ‘The District Court 2016ss.20057)' has received a decision in lieu of the adjustment(the District Court 2016s.2057) and the above decision was finalized on February 15, 2017.

B. On February 20, 2017, the Plaintiff prepared documents necessary for the registration of transfer of ownership and sent to the Defendant a certificate of urgeing the implementation of the above decision, but was returned to the addressee’s rejection on February 21, 2017.

C. On March 30, 2017, the Plaintiff deposited all the documents necessary for the registration of transfer of ownership of the said land (a delegation letter, a certificate of personal seal impression, a certified copy and abstract of resident registration, and a notice of completion of registration) with the Defendant as the principal depositee.

(Seoul Central District Court No. 2017 No. 6). 2. Claims of the parties and the judgment of this Court

A. The Plaintiff’s assertion 1 of the parties is that the Plaintiff’s obligation to transfer ownership to the Defendant and the Defendant’s obligation to pay the purchase price are simultaneously performed, and the Defendant offered performance on March 30, 2017.