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(영문) 인천지방법원 부천지원 2017.02.08 2016가단113506
청구이의
Text

1. According to the protocol of mediation with force of 2013Kadan2001 against the Defendant’s Plaintiff, the Incheon District Court Branch of the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer in its name on October 14, 2010 with respect to the land of this case on the grounds of sale on October 14, 2010 with respect to Kimpo-si, Kimpo-si (hereinafter “instant land”). On the same day, the registration of ownership transfer was completed with respect to the instant land as KRW 375,000,000 with respect to the debtor D, the mortgagee, the maximum debt amount, and the maximum debt amount

B. On August 10, 201, at the Defendant’s request, a voluntary auction was commenced as to the instant land via the Incheon District Court Vice-Support E, and the Defendant purchased the instant land on December 21, 2012 in the said auction procedure.

At the time, unregistered buildings (hereinafter “unregistered buildings”) were newly constructed on the ground of the instant land, but the Plaintiff was a building for which construction permit was granted to the owner.

C. Since then, the Defendant filed a lawsuit against the Plaintiff seeking delivery of the instant land and buildings unregistered on its ground and return of unjust enrichment (Seoul District Court Branch Decision 2013Kadan2001, Jun. 5, 2013). On June 5, 2013, the Plaintiff and the Defendant asserted that the Plaintiff and the Defendant are against the Plaintiff and the Defendant’s status as the Plaintiff and the Plaintiff are fixed, taking into account these points, the content of the conciliation protocol shall be arranged and recorded on the basis of the instant case.

The conciliation (hereinafter referred to as “instant conciliation”) was made.

1. The defendant shall sell the land of this case to the plaintiff at the price of 180 million won.

The plaintiff paid the above payment to the defendant in lump sum by August 31, 2013, and the defendant paid the above payment by the plaintiff and simultaneously made the registration of ownership transfer to the plaintiff with respect to the above land.

2. The Plaintiff did not pay the above payment to the Defendant by August 31, 2013, and the Defendant provided documents, etc. necessary for the registration of transfer to the office of the Plaintiff’s agent providing the performance with respect to the implementation of the procedures for the registration of transfer of ownership of the said land.

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