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(영문) 창원지방법원 진주지원 2018.02.09 2017가단4511

청구이의 등

Text

1. The Defendant’s protocol of conciliation on July 8, 2013, including the delivery of land, against the Plaintiff by the Changwon District Court 2012Na2341.

Reasons

1. Basic facts

A. On January 5, 2012, the Defendant filed a lawsuit against the Plaintiff regarding the claim for land transfer, etc., the lower court rendered a favorable judgment against the Defendant. On January 5, 2012, the Plaintiff appealed as the Changwon District Court 2012Na2341, and on July 8, 2013, the conciliation was concluded between the Plaintiff and the Defendant as follows:

(hereinafter “instant conciliation”). Conciliation provisions

1. By December 31, 2013, the Plaintiff collected trees on the ground of 975 square meters designated by the Defendant among the upper parts of the C orchard 9,735 square meters in Jinju-si, Jin-si, and cooperate in the Defendant to install a charnel cemetery by delivering the land to the Defendant.

2. The defendant confirmed that the ownership of pine trees, except for pine trees collected pursuant to the agreement under paragraph (1), from among all the pine trees planted on the land above, was the plaintiff until December 31, 2021, and the plaintiff bears the responsibility for payment where the penalty surcharge, etc. is imposed from the Jinju City in relation to the planting, etc. of the said pine trees.

3. The plaintiff is the defendant,

A. By January 1, 2022, collect all of the remaining land 8,760 square meters of ground and deliver the above land, excluding the part of delivery pursuant to the agreement under paragraph (1), excluding the part of delivery among the above land;

(b) pay the amount of money calculated at the rate of KRW 2,00,000 per annum from October 12, 201 and from October 12, 201 to the completion date of the collection of the said pine trees.

4. From January 1, 2014, the Plaintiff confirmed that he did not start punishment and present implications, and if the Defendant requested the Plaintiff to start punishment and present implications, the Defendant did not pay the Plaintiff KRW 2,00,000,000.

B. The plaintiff 3-B of the conciliation protocol of this case

Pursuant to Paragraph D, the Defendant’s representative, stated “B” on December 29, 2013 at the deposit account (hereinafter “instant account”) in the name of D, the Defendant’s name (the name of D; hereinafter referred to as “B”); KRW 10,800,000 on January 27, 2014; and KRW 10,800,000 on December 30, 2014.

C. The defendant of this case.