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(영문) 서울중앙지방법원 2018.06.26 2017가단5212517
대여금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, who is the Plaintiff’s external third village, purchased a forest C, 727 square meters, D large 290 square meters, E-river 69 square meters, and F large 76 square meters (hereinafter “each of the instant real estate”), and received KRW 138,00,000 upon request from the Plaintiff around May 2010.

B. On June 12, 2012, the Plaintiff filed a lawsuit against the Defendant and the Defendant for the return of the loan amounting to KRW 138,000,000,000 against the Defendant and the Defendant, as the instant court No. 2012, 49105. On March 20, 2013, the G portion was withdrawn between the Plaintiff and the Defendant.

The following contents of mediation (hereinafter referred to as “instant mediation”) was established:

1. By December 31, 2013, the Defendant shall implement the procedures for the registration of the establishment of a joint collateral with respect to each of the instant real property by December 31, 2013 to the Plaintiff, including the maximum debt amount of KRW 165,60,000, and the obligor

2. If the Defendant failed to obtain each of the above real estate and fails to implement the procedures for registering the establishment of a mortgage "by December 31, 2013", the Defendant shall pay KRW 138,00,000 to the Plaintiff by January 31, 2014, on the condition that, if delay, the Defendant shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum.

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

C. On October 29, 2013, each registration for the transfer of ownership under the name of the Defendant was completed, and on February 6, 2014, the registration for the establishment of each joint ownership establishment as stipulated in paragraph (1) of the conciliation protocol was completed in the name of the Plaintiff on the ground that the conciliation was completed on March 20, 2013.

[Ground of recognition] Facts without dispute, Gap 1, Eul 1-2, the purport of the whole pleadings

2. Whether the instant lawsuit is legitimate: Determination ex officio

A. Pursuant to the conciliation clause, the Plaintiff’s summary of the Plaintiff’s assertion did not repay the registration of joint establishment of a mortgage for the purpose of securing the secured obligation of KRW 138,00,000,000. Accordingly, the Plaintiff’s voluntary auction was partially repaid on or around March 2015.

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