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(영문) 수원지방법원 여주지원 2018.06.28 2017가단55102
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 31, 2013, the Defendant filed a lawsuit claiming return of unjust enrichment against D, E, and the Plaintiff in Suwon District Court Decision 2012Gahap1879, and the said court rendered a judgment against the Defendant on January 31, 2013.

B. The Defendant filed an appeal against the foregoing judgment as Seoul High Court 2013Na18105. At the above appellate court, the conciliation procedure was conducted as 2013 Ss.1418, and on December 2, 2013 between the Defendant and the Plaintiff, etc., 106/2,471 square meters of Gyeong-gun C, Gyeonggi-gun, and 2,471 square meters (hereinafter “part of the instant land”), a voluntary conciliation (hereinafter “instant conciliation”) was established with respect to the following adjustment provisions.

prescribed provisions

1. By November 30, 2014, the Plaintiff completed the construction work of the bridge (hereinafter “plan bridge”) indicated in the attached Table 1 list (attached Form 1) and completed the completion inspection.

2. As to November 30, 2014, the Plaintiff completed the construction work of a bridge specified in paragraph (1) and finished the completion inspection:

A. without delay, the Plaintiff: (1) Defendant D shall carry out the procedure for the registration of ownership transfer on the basis of conciliation on December 1, 2013, in a state where no restriction on rights is placed (the transfer value shall be one million won per square meter) with respect to the F. 168 square meters in Gyeyang-gun F.

(2) Defendant E shall carry out, on December 1, 2013, in a state where there is no restriction on the right of ownership transfer registration procedures on the part of 255 square meters in the ship connected in sequence with each point of Annex 21, 22, 23, 31, 32, 33, and 21 of Annex 2 among the 616 square meters in Yangyang-gun G 616 square meters (the transfer value shall be one million won per square meter);

B. Until November 30, 2015, Defendants (i) jointly and severally paid KRW 24 million to the Plaintiff, and (ii) if Defendants fail to fully pay the said money by the aforementioned date, Defendant A does not have any limitation on the registration of ownership transfer for the reasons of adjustment on December 1, 2013, with respect to the portion of KRW 106/2,471 square meters in Yangyang-gun Co., Ltd. and KRW 2471 square meters.

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