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(영문) 의정부지방법원 2019.06.27 2018나214020
소유권이전등기
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall provide the plaintiff with the attached list.

Reasons

1. Facts of recognition;

A. On October 11, 2013, the Plaintiff and the Defendant entered into a contract (hereinafter “instant apartment”) with the title “ apartment monthly rent contract” (hereinafter “instant contract”) as to the real estate listed in the attached list (hereinafter “instant apartment”). The main contents are as follows:

Article 2 (Defendant; hereinafter the same shall apply to the instant apartment contract) provides that the lessor shall pay in advance on the 1,000,000 won per month and on the 31st day of each month for use and profit-making of the said apartment (the instant apartment) as the object of the lease shall be delivered to the lessee (the Plaintiff and the same shall apply to the instant contract) by October 31, 2013, and the lease period shall be from the delivery date to October 30, 2017 (48 months).

[Matters of Special Agreement]

2.The monthly rent is an advance payment, the transaction performance amount of which is KRW 173,00,000 on a non-guaranteed contract, and 1,000,000 paid at the monthly rent at the time of transfer of ownership, shall be the settlement key by converting it into the sale amount.

3. A lessee shall deposit 5,00,000 won with a lessor in the form of a deposit, which shall be appropriated for the taxes and public charges, such as the nature of a penalty for a contract subject to a sale and purchase, unpaid monthly taxes, management expenses, etc.

In addition, when the lessor fails to perform the contract, the amount of KRW 5,000,000 will be repaid and terminated.

5. The lessor and the lessee shall consent to the preparation of the protocol of compromise before filing a lawsuit, and immediately prepare a protocol of compromise before filing a lawsuit.

In addition, the settlement protocol prior to the filing of a lawsuit will be executed immediately without a separate statement.

6. Contract in a state of KRW 162,500,000 on July 23, 2013;

B. On January 27, 2014, the Plaintiff and the Defendant drafted a protocol of compromise with the following content (hereinafter referred to as “instant protocol of compromise”) under Article 5 of the terms of the instant special agreement, which was the High Government District Court 2013No. 104 (hereinafter referred to as “instant protocol of compromise”).

1. The respondent (hereinafter the same shall apply to the plaintiff, the defendant, the same shall apply to the plaintiff) on October 30, 2017.

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