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1. The plaintiff's claim is dismissed.
2. With respect to the case of application for the suspension of compulsory execution by this Court 2016 Chicago10201, November 2016
Reasons
A. The Plaintiff (hereinafter “Plaintiff”) issued a ruling of recommending reconciliation that “from April 1, 2010 to April 1, 2010 to the date of the Defendant’s loss of ownership or the date of the Plaintiff’s completion of possession” (hereinafter “decision of recommending reconciliation of this case”) to the effect that “The Plaintiff (the Defendant in the claim, such as the above usage fee, etc., refers to the Plaintiff and the Defendant only on the basis of the instant case) shall pay money at the rate of KRW 200,000 per month to the Defendant from April 1, 2010 to the date of the Plaintiff’s loss of ownership or the date of the Plaintiff’s termination of possession.”
C. Thereafter, on November 15, 2012, the Defendant sold 3/4 shares of the instant building to the Plaintiff at KRW 60,000,000, and completed the registration of ownership transfer pursuant thereto on December 5, 2012, and the said sales contract (hereinafter “instant sales contract”) includes the following special terms.
* Of the instant building (excluding the site), the full shares owned by the Defendant (3/4) were transferred to only the registration (3/6), * The provisional registration of purchase and sale reservation of right holders D No. 27017, Apr. 1, 2010, which was received No. 36, and the registration of seizure by the National Health Insurance Corporation No. 11349, Dec. 24, 2010, which was received on Dec. 24, 2010, will be cancelled.
* The reason why the instant sales contract was concluded is that: (a) the representative director of the transferee F Co., Ltd. (hereinafter “F”) (hereinafter “F”) from the transferor E agreed to be transferred the amount of KRW 37,500,000 (the final and conclusive judgment amount for the registration of cancellation of ownership) according to the content of the attachment transfer contract attached thereto; (b) the sales amount was set at KRW 60,000,000 for convenience; and (c) the Defendant promised not to demand the Plaintiff to pay KRW 22,50,000,000 for the balance calculated by subtracting the amount of transferred claim KRW 37,50,000,000 for the purchase price of KRW 60,000 for the sales contract. * the Defendant does not submit all the litigation procedures with the content of the instant sales contract.
However, as stipulated in the above special agreement, E is May 7, 2014.