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(영문) 의정부지방법원고양지원 2015.04.30 2014가합8622
청구이의
Text

1. The Defendant’s case on the Defendant’s application for land transaction permission was implemented against the Defendant’s High Government District Court 2012 Gohap5209.

Reasons

1. Presumption: The defendant's executive title and the plaintiff's deposit for repayment;

1. The plaintiff shall pay KRW 290 million to the defendant, which shall be paid in three installments:

A. up to October 31, 2012, the Defendant’s provisional injunction against the disposal of real estate (201Kadan6298) with respect to C forest land 13,362 square meters, D forest land 9,112 square meters from the Defendant, and the provisional injunction against the disposal of real estate (201Kadan6298) with respect to D forest land 9,112 square meters, and the provisional injunction against the disposal of real estate (2012Kadan5002), simultaneously with the revocation thereof, KRW 100

(b) KRW 100 million by March 29, 2013;

C. Before August 30, 2013, the Defendant’s High Government District Court Decision 2011Kadan6298 (No. 2011Kadan6298) and the provisional injunction on real estate disposition No. 2012Kadan5002 (No. 2012Kadan6298), each shall be paid in KRW 90 million, at the same time as the Defendant’s revocation of the provisional injunction on real estate disposition No. 201 (No. 201Kadan6298). If the Plaintiff violates the payment period on one occasion, he/she shall lose the benefit of the entire payment period, and pay damages for delay by adding 15% per annum from the date of the

On October 4, 2012, conciliation (hereinafter “instant conciliation”) was established on October 4, 2012 in the performance of the procedure for filing a land transaction application with the Defendant against the Plaintiff (hereinafter “instant conciliation”).

B. 1) Paragraph 1(a) of the instant conciliation protocol: (a) the Defendant filed an application for the cancellation of provisional disposition with respect to the pertinent land on October 23, 2012; and (b) the Plaintiff repaid KRW 100 million to the Defendant on October 30, 2012; (c) however, the Plaintiff did not pay the secondary installment payment to the Defendant by March 29, 2013, which is the payment deadline; and (d) the third installment payment was not made by August 30, 2013, which is the payment deadline.

In response, the defendant did not cancel the provisional disposition on the land concerned.

3. After that, on December 4, 2014, the Plaintiff paid KRW 290 million according to the instant protocol of mediation, as the Plaintiff paid KRW 100 million on October 30, 2012, the unpaid amount of KRW 190 million and the unpaid amount of KRW 190 million.

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