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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. Cheongju District Court 2015 Chicago19.
Reasons
1. Basic facts
A. On June 11, 2005, those who think of a stock company (hereinafter “former company”) purchased from the Plaintiff for KRW 380,000,000 from the Plaintiff the amount of KRW 657m2 and the amount of KRW 888m2 (hereinafter “instant real estate”).
(hereinafter referred to as the “instant sales contract”) B.
In the case of the Cheongju District Court 201Kadan10549, which filed against the Plaintiff by the company prior to the merger, the following decision was finalized as a substitute for conciliation of October 14, 201 (hereinafter “instant decision”).
1.(a)
The Plaintiff, by December 31, 201, cancelled all the burden of seizure, collateral security, etc. established on the instant real estate to the company before the merger (Provided, That the registration of provisional attachment No. 50888, Apr. 11, 2011, which was received in the name of the company before the merger, shall be excluded), and shall carry out the procedure for the registration of ownership transfer for the instant real estate as a result of sale on June 11, 2005, and deliver the instant real estate.
B. The company prior to the merger shall pay to the Plaintiff KRW 357 million up to December 31, 201.
C. The above paragraphs (a) and (b) shall be simultaneously implemented.
2. In relation to the instant sales contract between the Plaintiff and the Company prior to the merger, it is confirmed that there are no claims and obligations among the parties except as provided in this conciliation clause, and the grounds arising prior to the final date of the decision substituting this conciliation cannot be asserted for any further reasons.
C. Around October 18, 2011, the Defendant merged with the company prior to the merger, and around November 26, 201, notified the Plaintiff of the following: (a) around January 26, 201, the Plaintiff submitted documentary evidence to cancel all the burden of seizure and collateral security established in the instant real estate at the E-Attorney Office and the transfer documents of ownership; and (b) at the same time, the Defendant received KRW 357 million.
On December 28, 2011, the Plaintiff: (a) around December 28, 201, New Mutual Savings Bank Co., Ltd.; and (b) around 400,000.