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(영문) 서울고등법원 2017.01.26 2016나2068251

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The plaintiff is attached to the defendant on September 28, 1997.

1. As to the real estate indicated in the list (hereinafter “instant real estate”), a sales contract was concluded by setting the sales price of KRW 150 million (hereinafter “instant sales contract”) as KRW 150 million.

B. The plaintiff filed a lawsuit against the defendant in 2002 that "the defendant will implement the procedure for the transfer registration of ownership based on the sale on August 28, 1997 (which appears to be a clerical error in the entry of " September 28, 1997") with the plaintiff (Seoul Eastern District Court 2002Gadan28303 case)" (Seoul East Eastern District Court 2002Gadan28303 case), and the appellate court of the above case attached on June 25, 2005.

2. The decision in lieu of the conciliation as described in the protocol (hereinafter “decision in lieu of the conciliation of this case”) became final and conclusive.

(Seoul Eastern District Court 2004Na1464 case).

On May 27, 2015, immediately after ten years have passed since the decision in lieu of the instant conciliation became final and conclusive, the Plaintiff urged the Defendant to implement a decision in lieu of the instant conciliation by content-certified mail. D.

The Plaintiff filed the instant lawsuit on November 25, 2015, immediately after six months have elapsed from the date of sending the said content-certified mail.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1-1 and 2, and the purport of the whole pleadings

2. Determination

A. Since there exists a decision in lieu of a final and conclusive conciliation rather than a pre-determined disposition document, the validity of the cause of the claim, the various exceptional circumstances asserted by the defendant, and the existence of grounds for recognizing the application of the general provisions are examined.

B. 1) The Plaintiff asserts that the instant lawsuit was filed in order to suspend the statute of limitations, such as the right to claim ownership transfer registration based on the decision in lieu of the instant conciliation. 2) According to the evidence No. 1, the Plaintiff shall pay to the Defendant the “decision” in the “decision in lieu of the instant conciliation.