(영문) 창원지방법원 2016.04.26 2015가단21564

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(영문) 창원지방법원 2016.04.26 2015가단21564

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 8, 2006, the provisional registration of the right to claim the transfer of ownership was completed on August 29, 2006 under the name of the defendant on September 29, 2006 with respect to the 3,554 square meters in Haan-gun, Haan-gun, Gyeongnam-do, which was owned by the plaintiff (hereinafter the real estate in this case).

B. The Defendant filed a lawsuit against the Plaintiff seeking the procedure for ownership transfer registration of the instant real estate, and the conciliation was concluded on November 27, 2008 during the said lawsuit. The main contents are as follows.

(C) The plaintiff (the plaintiff of this case) paid 24 million won to the defendant (the plaintiff of this case) and paid 12,000,000 won until January 31, 2009, and 12,000,000 won until February 28, 2009.2) The defendant (the plaintiff of this case) (the plaintiff of this case) paid the amount stated in paragraph (1) of this case from the plaintiff (the plaintiff of this case) at the same time as the amount stated in paragraph (1) of this case is paid to the plaintiff (the plaintiff of this case).

3) After receiving the amount described in paragraph (1) above from the plaintiff (the plaintiff of this case), the defendant (the plaintiff of this case) shall immediately implement the registration of ownership transfer based on the provisional registration of the right to claim ownership transfer filed on September 8, 2006, which was received on September 8, 2006, with respect to the answer described in paragraph (2) above (the defendant of this case) by the plaintiff (the defendant of this case). (C) After August 3, 2010, the registration of ownership transfer was completed on the real estate of this case in accordance with the above Paragraph (b). (d) The defendant filed a lawsuit against the plaintiff for unjust enrichment equivalent to the delivery and rent of pine trees planted on the real estate of this case and the mediation was established on September 24, 2013 during the lawsuit, and the main contents thereof are as follows (the Changwon District Court Masan District Court 2013Kadan8758, hereinafter referred to as "the above mediation protocol of this case").

(1) On November 2013, 2013, the Plaintiff (the instant Plaintiff) and the Defendant (the instant Plaintiff) installed on the instant real estate surface to the Plaintiff (the instant Defendant).

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