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(영문) 수원지방법원 성남지원 2018.09.18 2017가합409710
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit for registration of transfer of ownership against D, who was a registered titleholder of 729 square meters (hereinafter “instant land”). The Seoul High Court (Seoul High Court 201Na32503) which was the appellate court of the instant lawsuit, notified the Plaintiff, D, and the Intervenor, the Intervenor, of a decision in lieu of conciliation (hereinafter “instant conciliation settlement decision”) on December 5, 201, which was the date of conciliation, as follows. The instant conciliation settlement decision was finalized around that time because the Plaintiff, D, and the Intervenor, raised an objection against the instant decision.

1. The Intervenor (E) shall pay KRW 700,000,000 to the Plaintiff by July 31, 2012.

2. If a conciliation intervenor (E) pays the amount stated in paragraph 1, the Plaintiff shall implement the procedure for the cancellation registration of the provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) completed on November 23, 201 with respect to the land in this case by the Suwon District Court Branch of Sung-nam Branch of the Sungwon District Court.

3. If the Intervenor (E) fails to pay the amount set forth in paragraph 1, D shall implement the procedure for ownership transfer registration on August 1, 2012, based on the provisional registration set forth in paragraph 2 (the provisional registration of this case) with respect to the real estate set forth in paragraph 2 (the instant land) to the Plaintiff.

4. D shall agree to obtain a loan by providing the real estate stated in paragraph (2) to a financial institution as collateral by the conciliation intervenor (E), and shall cooperate with the conciliation intervenor, such as providing all documents necessary for providing a collateral.

5. Where the provisional registration of the right to claim ownership transfer (the provisional registration of this case) is cancelled pursuant to paragraph (2), D shall implement the procedure for the registration of ownership transfer concerning the real estate (the land of this case) described in paragraph (2) to a person designated by the Intervenor (E).

Malis

B. On the other hand, on December 2, 201, E does not exceed the following confirmation angle.

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