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(영문) 서울중앙지방법원 2018.05.11 2017가합586593

소유권이전등기

Text

1. The defendant,

A. On July 5, 2017, Plaintiff A with respect to the share of 72.5875/580.7 square meters in Gangnam-gu Seoul F. 580.7 square meters.

Reasons

1. Facts of recognition;

A. On July 2, 2015, the Defendant filed a lawsuit against Nonparty G and Han Bank Co., Ltd., a conciliation division of the Plaintiffs, claiming unjust enrichment by Seoul Central District Court 2015Da521685. On January 11, 2017, when the Defendant’s claim was dismissed, the Defendant appealed with the same court 2017Na8288. On July 5, 2017, the said appellate court concluded conciliation (hereinafter “instant conciliation”) as follows.

1. By September 29, 2017, the Defendant:

A. The procedures for the transfer registration of ownership on July 5, 2017, with respect to the portion of 72.5875/580.7 square meters in Gangnam-gu Seoul Metropolitan Government F.F. 580.7 square meters (hereinafter “instant real estate”) to Plaintiff A for conciliation;

B. On July 5, 2017, with respect to the portion of the instant real estate, 72.5875/580.7 shares among the instant real estate, Plaintiff B shall implement the procedure for ownership transfer registration based on conciliation on July 5, 201

2. G shall pay 750,000 won to the Defendant by September 29, 2017.

(A) The obligation to transfer ownership registration under Paragraph (1) and the obligation to pay the money under Paragraph (2) shall be concurrently performed.

4. The defendant shall waive the remaining claims.

5. The management of aggregate buildings on the ground of the instant real estate shall be entrusted to an external enterprise as agreed upon by the Defendant, G and Han Bank.

6. The conciliation intervenor H consents to the transfer of ownership under paragraph (1).

7. The Defendant, the Intervenor, G, and the Han Bank, Inc. agree not to make any claim on the land rent for the instant real estate later to each other.

8. The total costs and expenses for conciliation shall be borne by each person;

B. On October 11, 2017, G paid KRW 750 million to the Defendant according to the instant protocol of mediation.

C. Meanwhile, the officially announced value of the instant real estate is KRW 4,950,000 per square meter.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The defendant's judgment on this case's defense.