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(영문) 수원지방법원 2020.05.15 2020가단504011
건물인도
Text

1. The instant lawsuit was concluded on April 21, 2020 and terminated.

2. The costs of the lawsuit after the completion of the lawsuit.

Reasons

When a protocol of judicial compromise has been entered, such protocol shall have the same effect as the final and conclusive judgment, and res judicata between the parties takes effect, so that it may be asserted only by a litigation for retrial, unless there exist the same reasons as the grounds for invalidation of the final and conclusive judgment. However, where one of the parties has asserted the grounds for invalidation of the protocol of compromise, and has filed an application for designating a date, the court shall make a declaration of termination of the lawsuit by judgment, in case where it is deemed that the following grounds for invalidation exist, which have been examined to

(See Supreme Court Decision 9Da67703 delivered on March 10, 200). The Plaintiff asserts to the effect that the protocol of conciliation in this case is null and void, since it is erroneous that it was a court’s recommendation of compromise at the time of the compromise in this case.

However, on April 21, 2020, the plaintiff is present at the first day for pleading on April 21, 2020, and the defendant and "1. A."

The defendant shall deliver to the plaintiff the buildings listed in the attached Table by May 10, 2020.

B. The Plaintiff shall pay KRW 2,700,000 to the Defendant by May 10, 2020.

C. The above

(a).

subsection (1) shall be simultaneously performed.

2. If the defendant does not deliver the building described in paragraph (1) by the above payment date, the money calculated at the rate of KRW 400,000 per month from the following day to the completion date of delivery shall be paid.

B. If the Plaintiff fails to fully pay the amount set forth in Paragraph 1(b) until the above date, the unpaid amount shall be paid in addition to 12% interest per annum from the following day of the delay.

3. The plaintiff's remaining principal claim and the defendant's remaining counterclaim are waived.

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

‘The content of the compromise and the content of the protocol of compromise is obvious in the records.

In full view of the above facts, the following circumstances, namely, the background leading to the settlement between the Plaintiff and the Defendant in the instant case, and the Plaintiff.

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