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(영문) 광주지방법원 2019.10.30 2019가단15118
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Plaintiff

On November 20, 2015, the Plaintiff’s husband D adjusted the following (hereinafter “instant conciliation”) with regard to the case of partition of co-owned property as provided by the Gwangju District Court 2014Kadan53092 relating to the use, etc. of the Nam-gu Seoul metropolitan road (hereinafter “instant land”) between the Defendant and the Defendant on November 20, 2015.

Mediation of this case

1. The Defendant shall determine and purchase shares of 241/657 of the instant land from the Plaintiff as KRW 3,500,000, and the Defendant shall pay the said purchase price to the Plaintiff by March 31, 2016.

2. By March 31, 2016, the Plaintiff shall implement the procedure for the registration of ownership transfer based on the sale of shares 241/657 out of the instant land to the Defendant until March 31, 2016.

3. Among the Plaintiff, the Defendant, and Nonparty D, the attached reference to the instant land is 43 square meters inboard (B) section 1, 2, 5, 6, 1, and 43 square meters in turn connected each point of the instant land, and the attached reference also is confirmed to be jointly owned by the Defendant, and 30 square meters inboard (A) section 30 square meters in turn connected each point of the indication 2, 3, 4, 5, and 2, are jointly owned by the Plaintiff and Nonparty D.

4. The obligations described in paragraphs 1 and 2 shall be simultaneous performance.

5. The costs of lawsuit and the costs of mediation shall be borne respectively;

On the other hand, the defendant's mediation of the case No. 2014Da43835 of the Gwangju District Court 2014Kadan43835 of the case of removal of buildings and request for the delivery of land between D and D on the same day.

The above mediation has been made, and the main contents of the mediation are as follows:

2014da43835 Coordination

1. The Defendant shall pay D 1,500,000 won to D until December 31, 2015, and if the Defendant delays the payment of the above amount, the Defendant shall pay D 1,500,000 won in addition to the damages for delay calculated at the rate of 15% per annum from the following day to the date of full payment.

2. D waives the claim of this case.

The Plaintiff shall be the Agricultural Cooperative Account of D after each of the above conciliation on April 2016.

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