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(영문) 서울북부지방법원 2014.10.01 2014가단101566
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in each statement in Gap evidence Nos. 1 and 6:

On November 28, 2011, the Defendant filed a lawsuit against the Plaintiff for a claim for removal of a building, etc. at this Court 201Da58500, and thereafter the conciliation was concluded between the Plaintiff and the Defendant on May 11, 2012 as follows:

(1) The Plaintiff paid KRW 26 million to the Defendant, out of Gyeonggi-do and two parcels (hereinafter “instant real estate”), with the purchase price of KRW 87 square meters (hereinafter “instant real estate”). Of that, KRW 3 million shall be paid up to May 18, 2012, KRW 3 million up to July 31, 2012, and KRW 20 million up to July 31, 2012, and KRW 20 million up to December 31, 2012.

(2) On December 31, 2012, the Defendant, upon receiving all of the above money from the Plaintiff, shall implement the registration procedure for transfer of ownership on the said real estate.

(3) If the Plaintiff and the Defendant fail to perform the above obligations, the amount calculated by adding the amount calculated at the rate of KRW 3 million per month from the day following the date of delay of performance to the date of completion of the obligations.

B. After the conclusion of the above conciliation, the Plaintiff: (a) KRW 3 million to the Defendant on May 18, 2012; (b) KRW 3 million on May 21, 201; and (c) the same year.

7. A total of KRW 11 million, including KRW 3 million and KRW 2 million on October 20 of the same year, shall be paid. As to the remainder of KRW 15 million, the real estate in this case was transferred from the Defendant, and the Defendant shall receive the loan from the bank as security, and shall receive the loan from the bank as security, and ultimately, the Defendant was rejected even though consultation with the Defendant.

C. Accordingly, the Plaintiff’s KRW 2 million on January 18, 2013, and the same year

2. 15.3 million won and 21.10 million won for the same month and 15 million won. D.

On the other hand, on November 18, 2013, the Defendant filed an application for compulsory auction of real estate at Suwon District Court D with respect to the real estate owned by the Plaintiff with the title of execution under the above mediation protocol as the title of execution.

2. As the Plaintiff paid the full amount of KRW 26 million agreed upon in the above mediation, the Defendant’s assertion is subject to the above mediation protocol.

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