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The Defendant, as the Plaintiff
(a) 20,614,380 won and the interest thereon shall be the rate of 12% per annum from November 1, 2019 to the date of complete payment.
Reasons
1. Basic facts
A. In the case where the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) orders the instant real estate to the Busan District Court against the Defendant who occupied and used the instant real estate, and the Busan District Court (Na 3657) claims rent, the Busan District Court (Na 2010Na 3657) paid KRW 1,720,00 to the Plaintiff by July 7, 2010.
After receiving the above money from the Defendant, the Plaintiff shall, without delay, implement the registration procedure for the transfer of ownership of the instant real estate to the Defendant.
Provided, That the registration fee shall be borne by the defendant.
2. If the Defendant does not pay the money of 1.1. by the due date, the obligation of both parties under Paragraph 1. expires, and the Defendant shall order the Plaintiff to order the instant real estate and pay the amount calculated by the ratio of KRW 110,830 per month from January 24, 2010 to January 24, 2010.
“A decision to recommend reconciliation (hereinafter referred to as “decision to recommend reconciliation of this case”) was made, and the decision to recommend reconciliation of this case was finalized on August 3, 2010.
B. The Defendant occupied and used the instant real estate without paying the pertinent money to the Plaintiff by the due date stipulated in paragraph (1) of the said decision of recommending reconciliation.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to deliver the real estate of this case to the plaintiff according to the decision of recommending settlement of this case, and pay the amount calculated by applying the rate of 12% per annum from November 1, 2019 to the day of complete payment, as requested by the plaintiff, to the sum of KRW 7,868,930 per month and KRW 12,745,450 per month to August 23, 2019, and KRW 12,830 per month, calculated from January 24, 2019 to August 24, 2019 (the plaintiff is liable to pay to the defendant the amount calculated by applying the rate of KRW 10,830 per month to the day of complete delivery of the real estate of this case).