beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. D filed a lawsuit against the Defendant, etc. seeking the implementation, etc. of the procedure for ownership transfer registration as to one-half of the real estate listed in the separate sheet No. 1 as the Youngcheon District Court (Seoul High Court Decision 2009Na114518). On March 30, 2010, the following mediation was established between the Defendant, etc. (hereinafter “instant mediation”).
1. Defendant New Young Construction Co., Ltd. (hereinafter “Defendant New Young Construction”), and the Intervenor E (hereinafter “E”), jointly and severally, shall be paid KRW 190 million to D, but the amount of KRW 95 million up to May 15, 2010 and KRW 95 million up to June 30, 2010 shall be paid, respectively. If Defendant New Young Young Construction, etc., loses the benefit of the term on any one-time basis, and pays the remainder of the money that has not been paid by adding damages for delay at the rate of 20% per annum from that date to that of full payment.
2. In the event that Defendant New Young Construction, etc. fails to pay the money set forth in paragraph (1) above by July 31, 2010, Defendant New Young Construction shall implement the procedure for the registration of ownership transfer in accordance with an agreement made on May 28, 2008 with respect to one half of each real estate set forth in the separate sheet No. 1 attached hereto to D.
3. In the event of the performance of the obligations set forth in paragraph (1) above, the agreement of this case as of May 28, 2008 and the agreement of this case as of May 29, 2008 shall be null and void, and D and Defendant New Young Construction shall not file any civil or criminal objection in the future.
B. The Defendant and E did not pay KRW 190 million to D by July 31, 2010, as stipulated in Article 18(1) of the instant conciliation provision.
C. Meanwhile, around November 2010, D transferred to the Plaintiff the right to claim for ownership transfer registration of 1/2 shares of 8 households of apartment units listed in the attached Table 1 among the real estate listed in the attached Table 1 list, and delegated the right to notify the assignment of claims to the Plaintiff, and the Plaintiff around November 29, 2010.