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(영문) 수원지방법원 2016.09.08 2016가단6664

소유권이전등기말소등기절차이행 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

By February 2001, the defendant extended a total of KRW 246 million to D, who is the plaintiff's birth, around August 2001, with the due date set at around August 2001.

Around August 23, 2004, the Defendant promised to pay KRW 300,000,000 each month from September 10, 2004 to KRW 15,000,000,000 to KRW 300,000 each month from March 30, 2005.

At the time, the plaintiff prepared a letter of guarantee to pay KRW 300 million on behalf of the defendant when D fails to comply with the above promise.

Conciliation Provisions

1. The plaintiff pays 200 million won to the defendant, and (1) (2) transfers the plaintiff's share of this case to the defendant as of July 1, 2005.

Provided, That the payment method of the above amount shall be made from September 30, 2005 to the end of each month by the time of the above amount of KRW 200,000,000,000,000 for each end of each month, but if such payment is delayed, the unpaid amount shall be paid at a rate of 20% per annum from the delay to the date of full payment, and at the same time, the interest in

2. When the plaintiff fully pays the above KRW 200 million according to the above payment method or fully pays the above KRW 200 million even before the due date, the defendant shall transfer the above land's share to the plaintiff again.

3. The defendant's remaining claims shall be waived.

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

The defendant filed a lawsuit against the plaintiff as the court 2005Gahap1974 against the plaintiff for the payment of KRW 300 million and damages for delay.

On July 1, 2005, the voluntary adjustment of the following contents was established in the above case:

(1) The Plaintiff, “Defendant,” and “Defendant,” indicated on the basis of this case on convenience. The Plaintiff paid KRW 20 million in total as follows, by delay in part, from March 2006, the payment of the installment payment pursuant to Article 3(1) of the Mediation Clause.

B B B B B B The Plaintiff is divided into Suwon District Court Decision 2006 No. 4488, Dec. 6, 2006.