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(영문) 춘천지방법원영월지원 2017.10.25 2016가단12385
청구이의
Text

1. The defendant's claim for the registration of ownership transfer against the defendant's defendant's defendant's Youngcheon District Court Youngcheon Branch 2015Gahap2333.

Reasons

Basic Facts

In the case of a claim for ownership transfer registration filed by the Defendant against the Plaintiff and C on August 2, 2016, which was pending in the lawsuit, the conciliation was concluded on August 2, 2016. Article 2(2) of the conciliation protocol provides that “The Plaintiff and C shall jointly and severally pay KRW 50,000,000 to the Defendant until October 30, 2016. If the payment is delayed, the damages for delay calculated at the rate of 15% per annum from the day following the due date to the date of full payment shall be paid.” (hereinafter referred to as “instant conciliation clause”) is either a dispute between the parties or may be acknowledged by comprehensively taking into account the purport of the entire pleadings in the written evidence No. 1.

Comprehensively taking account of the overall purport of arguments in Gap 2, 11, 12, and 20 set-off claims with automatic claims at the time of the occurrence of claims and witness D's testimony, Eul set-off of KRW 20,000 per annum to the defendant around July 27, 2012, Eul transferred the above loan claims against the defendant on August 5, 2016 to Eul, and notified the defendant of the assignment of claims on August 8, 2016 to the defendant at the time of arrival of the above notice, Eul received the above notice to the defendant on October 27, 2016, Eul recognized that the above claim was transferred to the defendant as above (hereinafter referred to as "the claim of this case") by 36,50,000 won [the principal and interest set-off of KRW 20,000 and KRW 20,000 x 16,000,00 won [the above claim of this case] within set-off or adjustment period of KRW 20.636

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