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(영문) 창원지방법원 2015.04.02 2014가단10918
청구이의
Text

1. Execution by the Defendant’s Changwon District Court 2012Kadan238, 2012Kadan5189 against the Plaintiff is enforced according to the conciliation protocol.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against C regarding the registration of ownership transfer of real estate on the ground of the termination of title trust with respect to the area of 888 square meters of land in Seocho-gu, Changwon District Court No. 2012Gadan238, Changwon-si. The Plaintiff and the Plaintiff’s husband E participated in the said lawsuit as an independent party (Seoul District Court No. 2012Gadan5189).

On October 12, 2012, conciliation of the following was concluded in the above case:

(hereinafter referred to as “instant conciliation”). 1. C. The procedures for the registration of ownership transfer shall be implemented against the Plaintiff and E with respect to the size of 888 square meters prior to the Gwanak-gu Seoul Metropolitan Government D.

2. The Plaintiff and E shall jointly and severally pay KRW 28,700,000 to the Defendant by January 11, 2013.

3. The plaintiff and E shall jointly and severally pay C all charges, such as capital gains tax, imposed on C in connection with the real estate as described in paragraph 1.

4.B shall not perform any compulsory execution with respect to the immovables mentioned in paragraph (1), including provisional seizure, seizure or request for auction.

However, where the plaintiff and E fail to pay the money stated in paragraph (2) by the due date for payment stated in paragraph (2), the plaintiff may perform compulsory execution on the above real estate.

5. B, C, the Plaintiff, and E verify that no legal relationship exists with respect to the real estate listed in paragraph 1, except as provided in each of the above paragraphs, and do not raise any civil or criminal objection.

B. On January 11, 2013, the Plaintiff paid KRW 6,314,00 as income tax on KRW 28.7 million to be paid to the Defendant pursuant to Article 2 of the instant conciliation protocol.

C. On January 11, 2013, the Plaintiff and E deposited the deposited person as the Defendant and the cause of the deposit under the Franchisive 71 of Busan District Court’s Branch Branch in Busan District Court in 2013, stating that “The deposited person withheld 6,314,00 won out of 28,770,000 won to be paid to the deposited person according to the instant protocol of conciliation and deposited the remainder of 22,386,00 won (==28,700,000 - 6,314,00 won) as the recipient’s refusal to receive the deposited person.”

The defendant reserves an objection on January 16, 2013, as stated in the preceding paragraph (c).

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