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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On May 15, 2009, the following conciliation was concluded between the Defendant and Nonparty G in the case of the Seoul Eastern District Court 2009Gahap875 loans, etc.
1. A. The defendant shall pay G KRW 120,000,000 by November 15, 2009.
Upon the expiration of the above payment period, 20% interest shall be paid with respect to the unpaid amount plus 20% interest per annum from November 16, 2009 to the date of full payment.
B. G shall implement the procedure for the registration of ownership transfer based on conciliation on May 15, 2009 with respect to the Plaintiff’s portion 1/9 of the land indicated in the attached list 1 and 2 to the Defendant.
C. The above A.
(b) subsection (b).
subsections are related to simultaneous performance.
2. Where the Defendant transfers all shares of each land in the annexed list to a third party, the Defendant shall pay KRW 30,000,000 to G as consolation money.
3. G shall waive the remainder of claims.
B. G on August 3, 2010 in order to perform the obligation of the principal to transfer ownership following the above conciliation, G’s provision 1-b of the said conciliation with the Defendant as the deposited person.
The application document for registration of ownership transfer was deposited with respect to the share stated in the paragraph.
C. Although G paid the amount of money following the above conciliation by the Defendant, G applied for compulsory auction on the real estate stipulated in the above conciliation clause (2) to the Incheon District Court J, and the decision to commence compulsory auction on August 17, 2010 was rendered.
(hereinafter “instant real estate compulsory auction”). D.
G and the Defendant entered into an agreement on December 27, 201, which was in the process of the procedure for compulsory auction of the instant real estate, with the following contents:
(hereinafter “instant agreement”). On December 28, 201, the Defendant, at the Incheon District Court, has a condition that the case number J goods (hereinafter “instant real estate”) which is the scheduled date of auction may be suspended twice in order to sell and purchase them normally. At the time of sale, the Defendant has a G immediately after receiving the sales contract money.