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Reasons
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(영문) 광주지방법원 2018.09.12 2018가단8199
집행문 부여
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a co-owner who owns a share of 20/90=146/657) out of 73 square meters of the Nam-gu Seoul Metropolitan City D Road (hereinafter “instant land”). The Defendant is a co-owner who has a share of 60/90=438/657) out of the above land.

B. The Plaintiff and the Defendant adjusted the following contents on November 20, 2015 from Gwangju District Court 2014Kadan53092 (hereinafter the above case No. 14 group 53092) related to the use, etc. of the instant land.

C. The provisions of mediation indicated in the mediation protocol (hereinafter referred to as the “mediation protocol of this case”) are as follows.

1. The Plaintiff purchased 241/657 shares from Defendant B in the amount of KRW 3,50,000, out of the amount of KRW 73 square meters in Nam-gu, Nam-gu, Gwangju. The Plaintiff shall pay the above purchase price to Defendant B until March 31, 2016.

2. By March 31, 2016, Defendant B shall implement the procedure for the registration of ownership transfer for shares in the land indicated in paragraph (1) to the Plaintiff based on the sale on the date the instant conciliation is completed, with respect to shares in the land indicated in paragraph (1).

3. Of the land listed in paragraph (1), the annexed reference to the attached Form 1, 2, 5, 6, and 43 square meters in the ship (B) section 43 square meters connected each point of 1, 2, 5, 6 and 1 among the land listed in paragraph (1) between the Plaintiff and the Defendants shall be confirmed to be jointly owned by the Plaintiff, and the annexed reference to the attached Form 1, 3, 4, 5, and 30 square meters in the part

4. The obligations described in paragraphs 1 and 2 shall be simultaneous performance.

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

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. After the conclusion of the instant conciliation of the Plaintiff’s assertion by the original Defendant, KRW 3.5 million was paid from January 20, 2016 to April 13, 2016 at the request of Nonparty C, who was the Defendant’s spouse and Nonparty C who represented the Defendant in the instant case No. 14A53092.

The Plaintiff is obligated to pay the purchase price to the Defendant under the instant conciliation protocol.

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