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(영문) 창원지방법원마산지원 2019.02.21 2018가단107483
집행문부여에대한이의
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter referred to as “Plaintiff A”) and Nonparty E were participating in the instant case for the registration of cancellation of ownership between the Plaintiff Company and Nonparty Co., Ltd. (Seoul District Court Decision 2016Dadan104350) as the conciliation intervenor, and the court rendered a compulsory conciliation decision (hereinafter referred to as “instant compulsory conciliation decision”) on September 28, 2017, as indicated in the attached Table 2 “Ruling on the Msan Branch of Changwon District” (hereinafter referred to as “instant compulsory conciliation decision”). The instant compulsory conciliation decision was finalized on October 26, 2017, and the main contents of the instant compulsory conciliation decision are as follows.

Matters to be decided (main contents extraction)

1. Defendant A is the Plaintiff of this case:

The Intervenor B is the Plaintiff B of this case:

C The Plaintiff C is the Plaintiff.

(hereinafter “Defendant, etc.”) is jointly and severally the Defendant of this case by February 28, 2018.

858,577,530 won (i.e., 708,920,000 Won 150,000,000 interest on loans up to August 2017 - The amount of 3,870,740 won for attorney-at-law related to G compensation - the Plaintiff non-party E Co., Ltd. - The amount of 14,560,210 won for land compensation received by the H Association loans, and the interest accrued after September 2017 shall be paid directly to H Association.

2. The Defendant, etc. shall exempt the Intervenor D from the joint and several debt obligations related to the loan obligations against H unions in the name of the Plaintiff, until February 28, 2018.

4. By February 28, 2018, the Plaintiff, the Intervenor D, and F (hereinafter “Plaintiff, etc.”) shall actively cooperate in the Defendant’s sale of 7,163 square meters of I forest land in Haan-gun, Gyeongnam-gun, Gyeongnam-do, J field 490 square meters, and 348 square meters of K field 348 square meters.

At the time of concluding a sales contract, the Defendant included the money stated in paragraph (1) (858,57,530 won) in the sales amount in priority deposit with the adjusted intervenor D’s L association account, and the Plaintiff actively cooperates in the procedure for the registration of ownership transfer of each of the above lands as soon as the money is deposited.

8. If the defendant et al. breaches paragraphs 1 and 2;

(a)Paragraphs 1 to 6 cease to have effect;

E. The defendant, etc.

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