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(영문) 수원지방법원평택지원 2019.08.22 2019가단50500
기타(금전)
Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate of 5% from May 30, 2018 to August 22, 2019.

Reasons

1. Basic facts

A. The Defendant is an association consisting of landowners to develop an urban development project with a purpose of creating a housing complex according to a replotting method on a daily 697,266 square meters of land of Pyeongtaek-si.

B. The Plaintiff is the owner of the building indicated in paragraph (1) of the attached Table No. 1 (hereinafter “the building No. 1”) and the building indicated in paragraph (2) of the attached Table No. 2,344 square meters in E, E, F,86 square meters in size in Pyeongtaek-si D, 38 square meters in the said urban development project zone (hereinafter “instant building No. 2”), and each of the above buildings (hereinafter “each of the instant buildings”).

C. When the head of Pyeongtaek-si permits the Plaintiff to move or remove each building of this case, the Defendant filed a future performance suit ordering the Plaintiff to move out of each building of this case (hereinafter “related lawsuit”), and subsequently changed the purport of the claim by the current performance suit ordering the Plaintiff to move or remove from each building of this case.

On December 12, 2017, the following agreements (hereinafter “instant agreement”) were made between the original Defendant during the proceeding of the relevant lawsuit.

Article 2 (Time of Payment of Consolation Money, etc.) (1) After entering into a contract under this Agreement, the term “A” (hereinafter referred to as “A”) means that “B” (including the removal of the Plaintiff, including the director, the proprietor, etc.; hereinafter the same shall apply) voluntarily transfers “B” (hereinafter referred to as “B”) and the certificate of full payment, receipt of full payment of consolation money, receipt of full payment of public charges, etc. shall be paid KRW 50,000 (50,000,000) after submitting documents.

(2) “B” shall complete voluntary relocation of goods, etc. by March 31, 2018.

Provided, That according to the business progress schedule, “A” shall be notified to “B” and “B” shall be immediately transferred to voluntary.

(3) If “B” fails to complete the voluntary transfer of goods, etc. within the specified date, “B” shall be construed as “B.”

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