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(영문) 서울중앙지방법원 2015.04.29 2014가합37816
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. With respect to the Guro-gu Seoul Metropolitan Government Land (hereinafter “instant land”), the Plaintiff (hereinafter “Plaintiff”) was changed from B to the “Seoul High School Empiced from the “Seoul High School Empiced to the “Seoul High School Empiced to the “Seoul High School Empicing to the New School Empicing to the New School Empicing to the Korea High School Empic to the present name; hereinafter the same shall apply) and the registration of ownership transfer was completed on September 28, 1992 by the Seoul High Court, the registration office of the Nam-ro Branched District Court, the receipt of September 28, 1992, and June 30, 19

B. Then, after completing the provisional registration of the right to claim ownership transfer on January 23, 2002 as the receipt of No. 7044 on the land of this case from the Seoul District Court, the defendant filed a claim against the plaintiff as Seoul District Court 2002No. 236 on January 22, 2002. The above court made a protocol of settlement (hereinafter referred to as “instant protocol of settlement”) stating that “the plaintiff shall receive from the defendant 32,2350,000 won from the purchase price until January 30, 2003, the plaintiff shall take the procedure for ownership transfer registration on the land of this case and deliver the land as a result of sale on January 30, 2003 based on the provisional registration of this case.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Defendant’s claim for ownership transfer registration and the right to request extradition regarding the land of this case pursuant to the instant protocol of conciliation as to the gist of the Plaintiff’s assertion has expired the ten-year extinctive prescription period from January 30, 2003, which is the due date indicated in the above protocol of conciliation, and thus, compulsory execution based on the above protocol of conciliation by

B. The Defendant’s summary of the Defendant’s assertion was established and the instant protocol of conciliation was transferred and used until now, and the period of extinctive prescription has not expired.

3. Determination

A. The prescription system is a system.

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