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(영문) 수원지방법원 2014.11.21 2014나23727
건물등철거
Text

1. All appeals filed by the Plaintiff (Appointed Party) against the Defendants are dismissed.

2. The appeal costs.

Reasons

1. Determination on the legality of the part of the claim for extradition and removal among the instant lawsuit

A. An ex officio adjustment is established by stating the matters agreed between the parties in the protocol. Since the protocol has the same effect as the final and conclusive judgment, such as a protocol of judicial conciliation, if the party against the other party to the previous suit for which the conciliation has been finalized files a lawsuit identical to that of the previous suit in which the conciliation has been concluded

(2) The Plaintiff and the designated person filed a lawsuit against the Defendants against the Plaintiff and the designated person to remove the real estate indicated in the attached list of the above land (hereinafter “the instant building”), and the Plaintiff and the designated person sold the instant land to the Defendant 10 billion won on November 21, 2013, according to each of the records on the health care unit and the evidence No. 1 and No. 216736, the Plaintiff and the designated person filed a lawsuit against the Defendants as follows: “The Defendant delivered the Plaintiff and the designated person the instant land to the Plaintiff and the designated person, and the Plaintiff and the designated person removed the real estate indicated in the attached list of the above land (hereinafter “the instant building”). The Plaintiff and the designated person on November 21, 2013, sold the instant land to the Defendant.

2. Defendant B shall pay the purchase price stated in paragraph (1) to the Plaintiff, and 65 million won to the Plaintiff by December 31, 2013, and 65 million won by January 31, 2014. If Defendant B delays the above installment payment, the amount calculated by applying the ratio of 2 million won per month to the Plaintiff’s and the Selection’s share of the land indicated in paragraph (1) from February 1, 2014 to the date of the loss of ownership, and the Plaintiff’s share of the land.

3. The plaintiff and the designated parties waive each of the claims of this case against the defendants.

It is recognized that the mediation (hereinafter referred to as the "mediation clause of this case") has been completed, and the plaintiffs sought the delivery of the land of this case and the removal of the building of this case against the defendants by the same assertion in the previous suit where mediation has been completed in the lawsuit of this case.

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