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(영문) 서울동부지방법원 2016.08.31 2015가단47304
소유권이전등기
Text

1. The Defendant received KRW 180,000,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) the annexed list;

Reasons

1. Judgment on the plaintiff's claim

A. (1) On April 2, 198, the Defendant completed the registration of ownership transfer regarding the real estate listed in the separate sheet (hereinafter “instant real estate”).

The plaintiff filed a lawsuit against the defendant as Seoul Eastern District Court 2002Kadan28303, "the defendant will implement the procedure for ownership transfer registration for the real estate of this case to the plaintiff on August 28, 1997." In the case No. 2004Na1464, the appellate court of the above case, Seoul Eastern District Court 2004Na1464, June 25, 2005, the decision in lieu of conciliation as shown in the attached Form (hereinafter "decision in lieu of conciliation of this case") became final and conclusive.

On May 27, 2015, the Plaintiff urged the Defendant to implement the decision in lieu of the instant conciliation by mail of content-certified document.

[Based on the recognition] Evidence Nos. 1 to 3, the purport of the whole pleadings

B. The plaintiff asserts that the plaintiff filed the lawsuit in this case for the interruption of prescription of the right to claim for ownership transfer registration, etc. based on the decision in lieu of the conciliation in this case. As such, the plaintiff's obligation to pay KRW 60,000,000 among the 180,000,000 that the plaintiff should pay to the defendant in lieu of the conciliation in this case, and the obligation to deliver the above 60,000,000 won and the defendant's real estate delivery obligation to the defendant, the remaining 120,000,000 won, and the documents necessary for the registration of ownership transfer to the defendant's real estate in each simultaneous performance relationship. However, since the plaintiff and the defendant did not provide the defendant with the above 180,000,000 won on the date stated in the above "the above decision", the obligation to deliver the real estate to the plaintiff as well as the obligation to deliver the above real estate to the defendant as necessary documents, all of which should be discharged simultaneously.

(c).

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