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(영문) 인천지방법원 부천지원 2018.05.23 2017가합1041
불법임의경매에 대한 집행정지명령
Text

1. The part of the instant lawsuit seeking revocation of the decision on commencing auction shall be dismissed.

2. The plaintiff.

Reasons

1. Facts of recognition;

A. C (hereinafter “C”) filed a lawsuit against the Plaintiff, including the name of the building, against the Plaintiff and D, and the Plaintiff filed a lawsuit claiming ownership transfer registration as a counterclaim.

[Attachmentcheon District Court 2013Da24513 (Main Office), 2013Gadan30853 (Counterclaim)] In the above appellate trial, conciliation was concluded as follows on May 7, 2015:

[Attachmentcheon District Court 2015 money63913, 2015 money63920 (Counterclaim), hereinafter “instant protocol of mediation”). [Protocol of Mediation]

1. From June 30, 2015 to June 30, 2015, the Plaintiff and D perform the procedure of bearing obligations with respect to the debt of Nonparty E (200 million won and the debt of 5% per annum from November 30, 2012 to November 20, 2013, and 20% per annum from the following day to the date of complete payment) of the judgment on the claim for the agreed amount against Nonparty E.

2. By July 5, 2015, C shall submit documents necessary for registration of cancellation of the right to collateral security, such as filing an application for cancellation registration with Nonparty F and G’s right to collateral security, which is set out in the order of three order of priority on each real estate listed in the attached Table 1 attached to the instant protocol to the Incheon District

3. By September 30, 2015, the Plaintiff and D:

(a) perform the procedure to assume the obligation with respect to the full exemption of 1,200,000 won (1,355,000,000 won) of C’s debt related to the 1,355,000 won collateral security established on each real estate listed in the attached list 1

B. The cancellation registration procedure for the provisional attachment of Nonparty E, which was created on each real estate listed in the separate sheet attached to the instant protocol, shall be implemented;

(c) pay C KRW 706,500,000;

4. C shall provide all the documents necessary for the procedures for the registration of ownership transfer for each real estate listed in the attached Table 1 attached to the instant protocol by September 30, 2015 to the Plaintiff and D.

5. Paragraphs 3 and 4 shall be simultaneously implemented.

6. Where C, the plaintiff and D violate the above adjustment provisions, the following shall apply:

Plaintiff

In the event that the obligation under paragraph (1) has not been performed by the deadline, the plaintiff and D shall be subject to this.

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