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Reasons
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(영문) 광주지방법원 2015.03.20 2014가합7416
채무부존재확인
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1. The conciliation protocol between the Plaintiff and the Defendants is based on the Gwangju District Court 2013dan512235.

Reasons

1. Facts of recognition;

A. On September 2, 2013, the Defendants filed a lawsuit against the Plaintiff for the claim for land transfer as the Gwangju District Court 2013Kadan512235, and on April 10, 2014, the following content of the conciliation protocol (hereinafter “instant conciliation protocol”) was prepared.

- Conciliation Clause -

1. The Plaintiff shall deliver to the Defendants real estate listed in the separate sheet (hereinafter “instant real estate”) by August 31, 2014.

2. The Defendants shall pay to the Plaintiff KRW 29 million by August 31, 2014 (including the amount including the lease deposit, and if the amount is the unpaid vehicle, it shall be deducted).

3. Paragraphs 1 and 2 shall be simultaneously implemented.

4. The Plaintiff shall remove all the livestock waste, etc. buried in the instant real estate and deliver them to the Plaintiff.

5. The Defendants and the Plaintiff do not file a civil petition with each other in relation to the instant real estate.

6. The Defendants waive their remainder of claims.

B. At present, the Plaintiff removed all the livestock waste, etc. buried in the instant real estate from the Defendants, and completed the transfer of the instant real estate.

C. On the other hand, on September 15, 2014, the Defendants deposited KRW 27,323,288 with the Gwangju District Court No. 5968, 2014 as the Plaintiff with the deposited person as the Plaintiff. The facts of the cause of deposit and the details of the consideration are as follows.

[Fact of Cause of Deposit] The Defendants attempted to provide the Plaintiff with actual amount of KRW 1,676,712 (=one year, 3,400,000 x 180/365 days from March 20, 2014 to September 15, 2014), but the Plaintiff failed to perform the obligations provided for in paragraphs (1) and (4) of the instant conciliation protocol at the same time. However, the Defendants failed to perform the obligations provided for in paragraphs (2) and (4) of the instant conciliation protocol.

[Dissenting Contents] The Plaintiff should perform its obligations under Articles 1 and 4 of the instant conciliation protocol against the Defendants.

[Ground of recognition] Facts without dispute, entries or videos of Gap's evidence 1 to 6, the purport of the whole pleadings

2. The cause of the action.

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