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(영문) 부산지방법원서부지원 2020.09.16 2019가단115035
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 177,326,027 and the full payment from March 25, 2020.

Reasons

1. Facts of recognition;

A. C Co., Ltd (hereinafter “Nonindicted Company”) obtained approval from Busan Metropolitan City on April 12, 2013 for the housing construction project plan for constructing apartment units on the land outside D and 504 lots outside Busan Metropolitan City.

B. The Defendant owned the instant real estate E-Ba F (hereinafter “instant real estate”) within the construction site of the instant apartment. However, the Nonparty Company filed a lawsuit seeking the registration of ownership transfer with the Busan District Court 2013Kadan9236, exercising the right to claim the sale of the instant real estate.

C. On January 26, 2015, the Busan District Court rendered a decision to recommend reconciliation (hereinafter “decision to recommend reconciliation of this case”) with the following contents in the process of the said lawsuit, and the said decision to recommend reconciliation was finalized on February 11, 2015.

The decision to recommend the reconciliation of this case is made.

1. The Plaintiff (Nonindicted Company) shall pay KRW 170,000,000 to Defendant B by March 31, 2015.

Provided, That where the plaintiff fails to pay the above money by the payment date, the damages for delay calculated by adding 20% per annum to the above money from the next day to the day of full payment.

2. Defendant B shall, at the same time with the payment of the money under paragraph (1) above from the Plaintiff, implement the procedure for ownership transfer registration for the real estate (the instant real estate) listed in the separate sheet on December 22, 2013, and deliver the real estate listed in the separate sheet.

On August 1, 2019, the non-party company deposited KRW 170 million, which is the amount under paragraph (1) of the decision to recommend reconciliation of this case, with the Defendant as the principal deposit in Busan District Court Decision No. 3424, Busan District Court Decision 2019, and applied for the grant of execution clause necessary for the registration to transfer ownership of the real estate of this case, but was rejected on the ground that the damages for delay under paragraph (1) of the decision to recommend reconciliation of this case did

E. Accordingly, on September 26, 2019, the non-party company made a decision to recommend the reconciliation of this case as the Ulsan District Court No. 4391 in 2019.

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