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Reasons
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(영문) 대전지방법원 2018.08.29 2017가합1480
청구이의
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1. The defendant's protocol of mediation in Daejeon District Court 2016Gahap1147 against the plaintiff is based on the protocol of mediation in the damage compensation case (the plaintiff).

Reasons

1. Basic facts

A. On December 31, 2009, the Plaintiff and the Defendant concluded a contract with the Plaintiff to purchase from the Plaintiff amounting to KRW 178,350,000 for KRW 3,930.4 square meters (hereinafter “C land”) of KRW 178,350,00, and on April 14, 2010 for KRW 3,927.7 square meters (hereinafter “D land”; hereinafter “the land in this case” combined with C”) of KRW 158,00,00 for each purchase contract, and the Plaintiff agreed to pay the Defendant an amount equivalent to two times the purchase price if the land in this case was not developed even after five years.

B. Around that time, the Defendant paid all the above purchase price to the Plaintiff, and the registration of transfer of ownership in the name of each Defendant was completed on January 7, 2010 for land C, and April 16, 2010 for land D.

C. The defendant filed against the plaintiff as above.

According to the terms and conditions stated in the clause, the Plaintiff filed a lawsuit seeking payment of KRW 672,270,00 (=(178,350,000 won x 158,000,000) x 2 times) and damages for delay (the Daejeon District Court 2016Da10147, hereinafter “instant previous lawsuit”) and the conciliation was concluded on January 19, 2017 with the following contents:

(2) The Plaintiff’s 373,348,500 won (hereinafter “the instant money”) to the Defendant

B by April 17, 2017.

4. The Defendant up to April 17, 2017 to E Incorporated Agricultural Company operated by the Plaintiff:

A. On April 12, 2013, the Jeonju District Court: (a) performed the registration procedure for cancellation of the registration of cancellation of the registration of the establishment of a neighboring mortgage (No. 19542) with respect to land C;

B. On April 12, 2013, the Jeonju District Court: (a) performed the procedure for registration of cancellation of the registration of the establishment of a neighboring mortgage on D land on April 12, 2013;

C. As to the instant land, the registration procedure for ownership transfer based on the instant conciliation is implemented.

5.Paragraphs 2 and 4 shall constitute simultaneous performance relations.

6. The defendant shall set forth in paragraph (4).

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