(영문) 서울남부지방법원 2017.07.20 2017나53949

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(영문) 서울남부지방법원 2017.07.20 2017나53949

제3자이의

Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff and the Defendant out of the total litigation cost.

Reasons

1. Basic facts

A. On May 28, 2013, the Defendant completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”) based on a public auction on the same day.

B. On June 26, 2013, the Defendant filed a lawsuit against B, D, etc., the occupant of the instant real estate, seeking unjust enrichment equivalent to the name of the building and the rent (Seoul Southern District Court 2013Kadan41091). On September 11, 2015, when the said lawsuit was pending, a decision of recommending reconciliation was finalized as follows:

Decisions

1. The plaintiff (the defendant in this case, hereinafter referred to as "the cited part of the decision") shall carry out the procedure for ownership transfer registration for the real estate (the real estate in this case) listed in the separate sheet to E at the same time with payment of the amount listed in Paragraph 2 from the defendant (Appointed Party).

2. Defendant B (Appointed Party) shall pay the Plaintiff KRW 20,000,000 (contract deposit) on September 30, 2015, and KRW 310,000,000 (prepaid) on December 31, 2015. If Defendant B (Appointed Party) fails to pay the remainder on December 31, 2015, the down payment shall be confiscated to the Plaintiff.

Attached Form

Where a right to collateral security, etc. is established with respect to real estate recorded in the list, the defendant B shall pay the remainder after deducting the maximum debt amount from the balance.

Where the maximum debt amount exceeds the remainder, the Plaintiff may claim for reimbursement against the Plaintiff against the money exceeding the remainder of the maximum debt amount after performing the procedure for the registration of ownership transfer under paragraph (1) without any condition.

3. If the Defendant (Appointed Party) fails to pay each of the above amounts at each payment date listed in Paragraph B, the Defendant (Appointed Party) B, the Appointed Party D, and the Afforestation Co., Ltd. shall deliver to the Plaintiff the real estate listed in the separate sheet immediately following the due date.

4. The plaintiff's remaining claims shall be waived.

5. The costs of lawsuit shall be borne by each person;

C. B The above advice of compromise is made.

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