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(영문) 전주지방법원 2016.03.16 2015가단15292
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were the siblings, and the Defendant filed a lawsuit against the Plaintiff CD on the claim, such as ownership transfer registration, against the Plaintiff on each real estate listed in the separate sheet in Suwon District Court Pyeongtaek-si 2009Gahap4475, and was sentenced to a judgment against the Plaintiff on February 10, 2012. As to this, the Defendant appealed to Seoul High Court 2012Na25328, and the court of appeal concluded the following conciliation between the said parties on February 5, 2013:

(2) On May 7, 2013, the Defendant paid KRW 1 billion to C and KRW 600 million to the Plaintiff, respectively, on May 7, 2013 (hereinafter “instant protocol of mediation”). If the Defendant fails to pay each of the above amounts by the method of payment specified in paragraph (2) even though the Plaintiff provided documents to the Defendant for the performance of the obligations set forth in paragraph (3) on May 7, 2013, the Defendant pays damages for delay calculated at the rate of 20% per annum from May 8, 2013 to the date of full payment, and the Defendant does not object to the compulsory execution against the Plaintiff’s property owned by the Defendant.

2.The payment of the money to C in accordance with paragraph 1 shall be made in the manner of depositing the money to C’s E account, and the payment to the Plaintiff shall be made in the manner of depositing the money to D’s NAF account in order to repay the Plaintiff’s debt to D(the Plaintiff’s creditor of the collateral security right as described in paragraph 3).

3. C and the Plaintiff received the amount set forth in paragraph 1 from the Defendant, simultaneously with the Defendant:

A. (1) C with respect to each real estate listed in the separate sheet Nos. 1 through 6, and with respect to each third share, the procedure for the registration of ownership transfer due to the consultation and division on the joint property held on February 5, 2013, and (2) D with respect to each share of the Plaintiff’s 1/3 share, the procedure for the registration of cancellation of each registration of ownership transfer completed on January 23, 2009 by the Suwon District Court No. 1782.

(b)each set forth in [Attachment 7 and 8] of the Schedule.

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