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(영문) 수원지방법원평택지원 2015.10.16 2015가단42228
청구이의
Text

1. The Defendant’s statement of execution of the case 2014Gadan11838 is the Suwon District Court’s horizontal Housing Site Board against the Plaintiffs.

Reasons

1. Facts of recognition;

A. On October 29, 2014, in the instant case of building delivery between the Plaintiffs and the Defendants, the following mediation was established on October 29, 2014 (hereinafter “instant mediation”).

① The Plaintiffs and the Defendant confirmed that the lease contract concluded on May 17, 2012 with respect to Pyeongtaek-si D Apartment 211-dong 1804 (hereinafter “instant apartment”) owned by the Plaintiffs was terminated as the expiration date.

② At the same time, the Defendant received KRW 150 million from the Plaintiffs, and at the latest, ordered the Plaintiffs to register the instant apartment by December 31, 2014. As to the instant apartment, the Defendant shall implement the registration procedure for cancellation of the registration of the establishment of a right to lease on a deposit basis, which was completed as of July 2, 2012 by receipt No. 3504, and the registration of the establishment of a right to lease on a deposit basis, which was completed as of July 2, 2012, and the registration of the establishment of a right to lease on a deposit basis, which was completed as of July 2, 2012 by the Suwon District Court (Seoul District Court), the registration office of the establishment of a right to lease on a deposit basis, which was completed as of July

③ The Plaintiffs shall pay a deposit of KRW 150 million to the Defendant simultaneously with the performance of the above paragraph (2) from the Defendant.

B. On December 31, 2014, the Defendant delivered the instant apartment to the Plaintiffs, and on January 12, 2015, the documents necessary for the registration of cancellation of the registration of chonsegwon and the right to collateral security under the aforementioned conciliation provision were deposited in consideration of the fact that the Plaintiffs who deposited the instant apartment was paid KRW 150,000,000 to the Plaintiffs.

C. The Defendant filed an application for a compulsory auction on the apartment of this case with a claim claim amounting to KRW 150,000,000 as well as an amount equivalent to 5% per annum from January 13, 2015. Accordingly, the procedure for compulsory auction on the apartment of this case (hereinafter “instant auction procedure”) was in progress at the court F, and is currently in progress.

The Defendant consumed the expenses of KRW 2,514,90 in the instant auction procedure.

The Plaintiffs, on April 23, 2015, appoint the Defendant as the principal depositer and this Court.

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