(영문) 창원지방법원통영지원 2019.08.27 2019가단22028

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(영문) 창원지방법원통영지원 2019.08.27 2019가단22028

손해배상(기)

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1. The Defendant: (a) KRW 110,00,000 for the Plaintiff and 5% per annum from April 11, 2019 to August 27, 2019; and (b).

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Defendant for the agreed amount claim under the Changwon District Court Heading 2009Kahap17396.

B. 1. The defendant shall transfer the title of sale under C building D to the plaintiff, in lieu of the payment of the principal and interest on the loan as of December 9, 2008 and January 20, 2009, sold in lots under the name of the defendant in lieu of the payment of the principal and interest on the loan.

2. The plaintiff waives the remaining claims.

3. The costs of lawsuit and the costs of mediation shall be borne by each person;

On October 15, 2009, the following mediation (hereinafter “instant mediation”) was established between the Plaintiff and the Defendant in the said lawsuit.

C. At the time of the conclusion of the instant conciliation, the Defendant’s obligation to the Plaintiff was KRW 110,000,000.

The registration of ownership preservation was completed in the name of E Co., Ltd. with respect to the instant building, while the Defendant had not transferred the title of sale to the Plaintiff as to the C Building D (hereinafter “instant building”) at the time of strike pursuant to Article 1(1) of the instant conciliation clause, and thereafter the registration of ownership transfer was completed in the name of a third party.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the defendant's obligation to transfer the title of sale of the building of this case to the plaintiff pursuant to Paragraph (1) of the conciliation clause of this case was impossible, the defendant is obligated to compensate the plaintiff for damages incurred therefrom. The fact that the debt of the loan that the defendant owed to the plaintiff was KRW 110,00,00 at the time of the formation of the conciliation clause of this case is as seen above. According to the above facts, according to the conciliation clause of this case, the value of the building of this case for which the defendant transferred the title of sale to the plaintiff pursuant to Paragraph (1) of the conciliation clause of this case is equivalent to the above loan amount. Thus, the defendant is obligated to pay the plaintiff compensation for damages.

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