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(영문) 대전지방법원 2019.01.31 2018가단217742
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 17, 2018, the conciliation was concluded between the Plaintiffs and the Defendant, which included the following matters as the court’s 2017dan17044.

(hereinafter “instant conciliation”). 1. The Plaintiffs and the Intervenor E Co., Ltd. (hereinafter “E”) jointly and severally pay to the Defendant KRW 320 million by May 31, 2018.

However, with some payment method of the money, the plaintiffs and the Mediation Intervenor E shall repay the full amount of the collateral security debt to the mortgagee FF association established on the real estate listed in the separate sheet (hereinafter "the instant real estate"), and shall cancel the registration of the establishment of the said collateral security.

The amount equivalent to the amount of repayment of the collateral security debt shall be deducted from the amount of the above obligation to pay 320 million won.

2. Upon receipt of the money stated in paragraph (1), the defendant shall execute the procedure for the registration of transfer of ownership to the person designated under the agreement between the plaintiff A and the conciliation intervenor E.

3.(a)

The plaintiffs and the mediation intervenor E shall jointly and severally pay to the defendant the amount of taxes and public charges, such as capital gains tax, and the cost of transfer of ownership, which are incurred to the defendant simultaneously with the execution of the procedure for transfer of ownership under

B. The above A.

The amount of taxes and public charges, such as the capital gains tax, shall be calculated according to the calculation amount of the tax accountant designated by the defendant.

4.(a)

If the Plaintiffs and the Intervenor E fails to pay some taxes and public charges, such as capital gains tax of KRW 320,000,000 and capital gains tax of KRW 320,000,000,000 under paragraph (1) by May 31, 2018, the Plaintiffs and the Intervenor E confirm that the ownership of the instant real estate exists to the Defendant, give up all civil and criminal rights against the Defendant regarding the said real estate, and deliver the said real estate by June 30, 2018.

B. Where the Plaintiffs and the Intervenor E did not deliver the above real estate, the Plaintiffs and the Intervenor E jointly and severally with the Defendant on July 2018.

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