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(영문) 서울중앙지방법원 2016.07.12 2015가단5311687
집행문부여의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendants, which constituted conciliation, filed a lawsuit against the Plaintiff on the claim for ownership transfer registration, etc. under Seoul Central District Court 2010Gahap49736, and the Plaintiff filed a lawsuit against the Defendants on the claim for settlement of accounts with the same court 201Gahap48143, and the conciliation as indicated in the attached conciliation clause (hereinafter “instant conciliation clause”) was concluded on March 21, 2012 from the appellate court of the said lawsuit [Seoul High Court 201Na6904 (principal lawsuit), 201Na6911 (Counterclaim)].

3.A related to this case among the conciliation provisions of this case

subsections, 6.A.

Paragraphs 10 and 10. The following shall be applicable:

Conciliation Provisions

3.(a)

By July 31, 2012, the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) entered into a procedure for the registration of ownership transfer with respect to 1/2 of the real estate stated in attached Table 3 to a third party designated by Plaintiff (Counterclaim Defendant) D or Plaintiff (Counterclaim Defendant) D.

6.(a)

By July 31, 2012, the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) delivered to the Plaintiff (Counterclaim Defendant) D real estate listed in attached Table 3.

10. Release of provisional attachment execution.

A. By May 31, 2012, if the Defendant (Counterclaim Plaintiff) fulfilled the remaining obligations except for the obligations under paragraph (6) of this Protocol (attached Form 3) by May 31, 2012, the Plaintiff (Counterclaim Defendant) shall file an application for the cancellation of execution with the Seoul Central District Court for the provisional attachment on real estate as stated in paragraph (3) of the attached Table of the provisional attachment order on real estate in attached Table 2010Kadan2829.

B. If the Defendant (Counterclaim Plaintiff) fulfilled the obligation under paragraph (6) of this Protocol by July 31, 2012 (attached Form 3) by July 31, 2012, the Plaintiff (Counterclaim Defendant) shall file an application for the cancellation of enforcement with respect to the provisional attachment established on the real estate stated in paragraphs (1) and (2) of the attached Table in the Seoul Central District Court Decision 2010Kadan2829 on the provisional attachment against real estate.

C. Although Defendant (Counterclaim Plaintiff) fulfilled all the obligations set forth in the above A and B, the Plaintiff (Counterclaim Defendant) failed to perform the obligation to file an application for the cancellation of provisional attachment under the above A and B.

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