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(영문) 청주지방법원 2015.11.26 2015가단8285

청구이의

Text

1. The Defendant’s Cheongju District Court 201Kadan10549 against the Plaintiff is an executory conciliation of the case, including the amount agreed upon.

Reasons

1. Basic facts

A. On June 11, 2005, the Defendant concluded a sales contract to purchase the land B and C (hereinafter “instant real estate”) owned by the Plaintiff for KRW 380 million (hereinafter “instant sales contract”), and paid the Plaintiff the down payment amount of KRW 38 million on the day of the contract.

(The first sale contract was concluded in the name of the person who think of the corporation, but the company is merged with the defendant on October 18, 201).

After that, on June 9, 2009, the Defendant agreed to receive KRW 57 million from the Plaintiff (the contractual amount of KRW 38 million for the loss of KRW 19 million) and to cancel the instant sales contract. On April 19, 2011, the Plaintiff filed a lawsuit with the Cheongju District Court 201Ga10549 on the ground that the Plaintiff did not pay KRW 57 million, and the said lawsuit was completed as a decision in lieu of conciliation as follows (hereinafter “instant conciliation decision”).

1.(a)

The Plaintiff, by December 31, 201, bears all the burden of seizure and collateral security established on the instant real estate by December 31, 201 (Provided, That this shall not apply to the registration of provisional attachment No. 5088, Apr. 11, 2011 in the name of the Defendant), followed the procedure for ownership transfer registration for the instant real estate on the ground of sale as of June 11, 2005, and handed over the instant real estate.

B. The Defendant shall pay KRW 357 million to the Plaintiff by December 31, 2011.

C. The above paragraphs (a) and (b) shall be simultaneously implemented.

2. The plaintiff and the defendant confirm that there are no claims and obligations among themselves except as provided in this conciliation clause with respect to the sales contract of this case, and they cannot claim for any reasons arising before the final date of the decision in lieu of this conciliation.

3. The costs of lawsuit and the costs of mediation shall be borne by each person;

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The primary description;