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1.(a)
In the Daejeon High Court 2008Na5422, the defendant's compulsory execution against the plaintiff is made according to the mediation protocol.
Reasons
Facts of recognition
The plaintiff is sentenced to D's punishment, and the defendant is the spouse of D's wife, who is a spouse of D's wife.
1) The Plaintiff’s land acquisition and the establishment of the Defendant’s right to collateral security (1) D is deemed as “Gdong” on the grounds that, around 1990, the part of the Daejeon Seo-gu Gdong, Daejeon (hereinafter “Seong-gu Gdong”) is the same when specifying the land.
(2) While the Plaintiff entered into a contract on April 20, 1992, on which a building was built on a part of 2344 square meters on the ground and operated a factory, the Plaintiff: (a) concluded a contract on April 20, 1992 to purchase the said part of the said part of the said land owned and used by D; and (b) concluded a contract on April 20, 192, regarding the size of the said part of the said land as roughly KRW 300,000; (c) however, D was unable to pay the purchase price under the said sales contract, and the Plaintiff completed the registration of ownership transfer as to the said part of the said land as a substitute for the said sales contract between D and E.
3) As a result of the actual measurement of the area of the above part of land, when the size was determined around 177.6, the Plaintiff and E determined the purchase price of the above sales contract at KRW 53,280,00, and thereafter the Plaintiff paid the above purchase price at KRW 53,280,000, in full. 4) After July 28, 1994, the size of the above F bank 234 square meters was divided into F bank 431 square meters and H bank 1913 square meters. The Plaintiff completed the registration of ownership transfer on February 23, 199 with respect to the above H bank 193 square meters as of KRW 587/1913 square meters on March 24, 1993.
5) Meanwhile, on October 27, 1999, the Plaintiff: (a) on the Defendant’s share of 587/1913 square meters in H bank No. H bank No. 1913 square meters, the maximum debt amount shall be KRW 150 million; and (b) the obligor shall be the Plaintiff’s right to collateral security (hereinafter “mortgage of this case”).
(b).