손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 59,945,205 and the interest rate of KRW 15% per annum from June 10, 2017 to the date of complete payment.
1. Facts of recognition;
A. The Plaintiff was the owner of the second floor 2 of the commercial building on land outside Gangdong-gu Seoul Metropolitan Government (hereinafter “instant real estate”). The Defendant, including the instant real estate, is a housing reconstruction and improvement project association established for the purpose of promoting a housing reconstruction project for the relevant apartment and commercial building.
B. The Defendant filed a lawsuit against the Plaintiff to the effect that he/she shall exercise the right to demand sale of the instant real estate by Seoul Eastern District Court 2010Kahap20585, and the said court rendered a judgment that “the Plaintiff shall receive KRW 384,00,000 from the Defendant and, at the same time, implement the procedure for ownership transfer registration for the instant real estate on December 1, 2010 and deliver the instant real estate.”
However, the plaintiff filed an appeal against the above judgment of the court of first instance, and the decision of recommending reconciliation became final and conclusive in the appellate court, and the main contents are as follows.
(Seoul High Court 2012Na58595, hereinafter referred to as "the decision of this case")
1. At the same time, the Plaintiff received KRW 400 million from the Defendant, and until October 31, 2012, the Plaintiff shall perform the registration of ownership transfer based on sale and purchase on December 1, 2010 to the Defendant, and deliver the said real estate.
2. The Defendant shall pay KRW 400 million to the Plaintiff by October 31, 2012 at the same time with the implementation of the procedures for the registration of ownership transfer as described in paragraph (1) and the delivery of real estate.
3. The Plaintiff provided the Defendant with the procedure for the registration of ownership transfer and the performance concerning the delivery of real estate under paragraph (1). However, where the Defendant did not fully repay the above KRW 400 million, the Defendant shall pay the amount unpaid to the Plaintiff plus the amount calculated at the rate of 10% per annum from the day after November 1, 2012 to the day of full payment from the day after the Plaintiff provided the performance to the day of full payment.
C. On May 1, 2014, the Plaintiff’s decision of this case became final and conclusive, and the Plaintiff’s performance on October 31, 2012.