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(영문) 전주지방법원군산지원 2015.01.08 2014가합1616

승계집행문부여에 대한 이의

Text

1. As to the mediation protocol for the case of the agreement amount No. 2008Na394 against the defendant's plaintiff.

Reasons

1. Basic facts

A. On December 13, 2006, the Defendant filed a lawsuit against B Co., Ltd. (hereinafter “B”) as to the land outside C and 52 parcels of the Gunsan City for the payment of the unpaid KRW 260,000,000,00 and the delayed payment damages therefor, which were agreed in relation to the feasibility review, etc. of the apartment site on the land outside C and 52 parcels of the Gunsan City, but was sentenced to a dismissal ruling on December 21, 2007.

Accordingly, the defendant filed an appeal on January 14, 2008 and continued the lawsuit under Gwangju High Court 2008Na394, the conciliation was concluded on August 25, 2008 that "B shall pay 50,000,000 won to the defendant by October 25, 2008, but if the period exceeds the due date, it shall be paid by adding the damages for delay at the rate of 20% per annum to the unpaid party from the next day to the date of full payment."

(hereinafter referred to as “instant protocol of mediation”) Article 4 (Subject Matter of Transfer and Receipt)

(a) The object (1) The transferor shall transfer the ownership of the project site related to the construction of the new apartment site in the Gunsan-si and the right to the apartment project related to the construction of the site of the new apartment site to the transferee, and the transferee shall achieve

(2) The scope of a contract for transfer by transfer shall include all kinds of authorization and permission and incidental business related to apartment business, and all kinds of contracts related to the progress of business or related documents, which have been progress until now

Article 5 (Transfer of Business Right) The transferor shall be deemed to have transferred to the assignee all rights and obligations relating to the business execution right and the real estate sale and purchase contract for the project site after the conclusion of this contract.

Article 9 (Duty to Submit Documents, etc. Related to Authorized Matters)

(b) The transferor may not, in any event, incur damage to the assignee of any obligation that the transferor bears to a third party in connection with the present contract, and the transferor shall issue to the assignee a re-verification of obligation bearing no obligation to the assignee.

(b).