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(영문) 서울동부지방법원 2017.12.22 2017가단120296

지연손해금 청구의 소

Text

1. The Defendant’s KRW 2,169,863 as well as the Plaintiff’s KRW 10% per annum from April 22, 2017 to December 22, 2017.

Reasons

1. Facts of recognition;

A. The Defendant is the Housing Reconstruction and Improvement of Urban Areas and Dwelling Conditions for Residents established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of promoting the housing reconstruction project for apartment and commercial buildings in Gangdong-gu Seoul and eight parcels, including the real estate in the attached list (hereinafter “instant real estate”), and the Plaintiff became the owner of the instant real estate, who did not apply for parcelling-out within

1. The Plaintiff received KRW 30 million from the Defendant, and at the same time, took the procedure for the registration of ownership transfer on the ground of sale and purchase as of November 30, 2010, and handed over the Busan Dongsan as of December 1, 2012.

2. The Defendant shall be paid KRW 30 million to the Plaintiff by November 30, 2012, in compliance with the procedure for the registration of ownership transfer and the delivery of real estate from the Plaintiff.

3. In the event that the Plaintiff did not pay the amount stated in paragraph (2) to the Plaintiff even though the Plaintiff provided the procedures for the registration of ownership transfer and the performance concerning the delivery of real estate, the Defendant shall pay to the Plaintiff the unpaid amount of the amount stated in paragraph (2) plus the amount calculated by adding 10% interest per annum from the day following the Plaintiff’s provision of performance to the day of full payment.

B. On October 15, 2012, the Defendant exercised the right to claim sale of the instant real estate against the Plaintiff, and received a decision of recommending reconciliation (hereinafter “decision of recommending reconciliation”) with the following contents from the Seoul High Court, and the said decision of recommending reconciliation was finalized around that time without the parties’ objection.

C. The Defendant did not pay the price according to the above decision of recommending reconciliation until November 30, 2012, as determined by the instant decision of recommending reconciliation.

On December 28, 2012, the Plaintiff: (a) placed the instant real estate in a public room; (b) expressed his/her intent to provide the Defendant with a performance of the procedure for the registration of ownership transfer; and (c) made a copy of all documents for the registration of ownership transfer.