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(영문) 전주지방법원 2017.05.18 2016나5255

손해배상(기)

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 February 5, 2013, the Plaintiff and the Defendant adjusted the following cases in Seoul High Court Decision 2012Na25328:

(2) On May 7, 2013, the defendant of this case, the defendant of this case, and the defendant of this case were the plaintiff of this case, C, and D. Under the mediation clause, the plaintiff of this case is "the defendant of this case," the plaintiff of this case, "the plaintiff of this case," and the defendant of this case are "D," and only the part related to this case shall be extracted). The defendant of this case shall pay KRW 600 million to the plaintiff of this case on May 7, 2013. The defendant of this case, although the plaintiff of this case provided the defendant of this case with documents for the performance of each obligation under paragraph (3) of this case on May 7, 2013, if the defendant of this case did not pay the above amount by the method of payment under paragraph (2) of this case, the defendant of this case shall pay the balance of this case in addition to the rate of 20% per annum from May 8, 2013 to the day of full payment.

2. The payment of the money to the plaintiff of this case as stated in Paragraph 1 shall be made in the manner of deposit with D's account (Account Number omitted) in order to pay the plaintiff's debt with the right to collateral security stated in Paragraph 3 against the plaintiff's D (the creditor with the right to collateral security stated in Paragraph 3 of this case).

3. At the same time, the Plaintiff received the money set forth in Paragraph 1 from the Defendant, and simultaneously received the money from the Defendant:

A. As to each real estate listed in the separate sheet Nos. 1 through 6, (1) the procedure for the registration of ownership transfer for one third share of the Plaintiff’s joint ownership on February 5, 2013; and (2) D, with respect to one third share of the Plaintiff’s instant joint ownership, the procedure for the registration of cancellation of each registration of establishment of a neighboring mortgage completed under No. 1782 as of January 23, 2009 with respect to each share of the Plaintiff’s joint ownership.

(b)each real estate listed in separate sheet Nos. 7 and 8;