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(영문) 서울중앙지방법원 2017.07.12 2017나925
손해배상(기)
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. C filed a lawsuit against the Defendant, etc. seeking the implementation, etc. of the procedure for ownership transfer registration as to one-half of the real estate listed in the separate sheet No. 1 by Youngcheon District Court (Seoul High Court Decision 2009Na114518). On March 30, 2010, the following mediation was established between the Defendant, etc. (hereinafter “instant mediation”).

1. The Defendant and the Intervenor D (hereinafter “D”) jointly and severally paid KRW 1,90,00 to C (hereinafter “Defendant, etc.”) and the Intervenor D (hereinafter “Defendant, etc.”) shall be jointly and severally paid KRW 95,50,000,000 until May 15, 2010, and KRW 9,50,000,000 until June 30, 2010. If Defendant B, etc. loses the benefit of time on one occasion even if payment of the said amount is made, the remaining amount shall be paid by adding the damages for delay at a rate of 20% per annum from that time to the date of full payment.

2. Where the defendant et al. fails to pay the money stated in paragraph (1) above by July 31, 2010, the defendant shall implement the procedure for ownership transfer registration in accordance with an agreement made on May 28, 2008 with respect to one half of each real estate listed in the separate sheet No. 1.

3. In the event of the fulfillment of the obligations set forth in paragraph (1) above, the agreement of this case as of May 28, 2008 and the agreement of this case as of May 29, 2008 shall be null and void, and C and the defendant shall not file any civil or criminal objection in the future.

B. Until July 31, 2010, Defendant and D did not pay 190 million won to C as prescribed in Article 1(1) of the instant conciliation provision.

C. Around November 2010, C transferred to the Plaintiff the right to claim for the transfer registration of ownership of 1/2 shares of 8 households apartment units listed in paragraphs 9 through 16 among the real estate listed in the attached Table 1 list, and delegated the right to notify the transfer, and the Plaintiff notified the Defendant of the transfer registration on November 29, 2010.

The plaintiff against the defendant is Youngcheon District Court Youngcheon Branch 2010Kadan6128.

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