Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 22, 2013, the Cheongju District Court 2013Gahap666, in which the Defendant filed a lawsuit against the Plaintiff, the conciliation protocol (hereinafter “instant conciliation protocol”) was prepared as follows.
The instant protocol of mediation
1. By October 22, 2013, the Plaintiff shall implement the procedure for the registration of ownership transfer on the ground of sale on February 6, 2012 with respect to 880 square meters among the 4,232 square meters of forest land B in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land before the instant partition”).
However, the above 4,232 square meters of forest land shall be divided into a street, and the registration procedure for the transfer of ownership shall be implemented with respect to the 880 square meters of land on the road bank, and the registration procedure for the transfer of ownership shall be implemented by cancelling the right to collateral security and superficies under the name of the sublet
2. In a case where the plaintiff fails to perform the procedure for the registration of ownership transfer as described in paragraph (1) within the time limit set forth in paragraph (1), the plaintiff shall pay to the defendant 240 million won and 20% interest per annum from October 23, 2003 to the date of complete payment.
B. On November 29, 2013, pursuant to Article 1 of the instant protocol of conciliation, the Plaintiff completed the registration of subdivision on the land before the instant partition, which is subject to transfer of ownership against the Defendant, as to the land located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land after the instant partition”).
C. Meanwhile, with respect to the instant land before the instant partition, the registration of creation of superficies in the name of the person with superficies sub-credit union (hereinafter “the instant superficies creation registration”) on the ground of the contract concluded on November 25, 2010 as the Head of Cheongju District Court No. 2519, Nov. 25, 2010, under the name of the sub-mortgaged mortgage holder, which was based on the contract concluded on Nov. 25, 2010 (hereinafter “the establishment registration of superficies”) and the registration of creation of superficies in the name of sub-mortgaged credit union on the ground of the contract concluded on Nov. 25, 2010 (hereinafter “Cheongju District Court”) was issued on Nov. 25, 2013 as the Cheongju District Court No. 18259, Sept. 25, 2013 (Cheongju District Court No. 524, Sept. 24, 2013).