(영문) 의정부지방법원 고양지원 2018.10.18 2017가단87919

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(영문) 의정부지방법원 고양지원 2018.10.18 2017가단87919

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1. According to a protocol of compromise with executive force of 2013 Woo104 against the Defendant’s Plaintiff.

Reasons

1. Facts of recognition;

A. On October 11, 2013, the Plaintiff and the Defendant drafted a written contract with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).

The rent: 1,00,000 won per month, and the lessor of Article 2 (Defendant) shall be delivered to the lessee by October 31, 2013, and the lease period shall be October 30, 2017 (48 months) from the date of delivery.

[Matters of Special Agreement]

2.The monthly rent is an advance payment, the transaction performance amount of which is KRW 173,00,000 on a non-guaranteed contract, and 1,000,000,000 paid at the monthly rent at the time of transfer of ownership, shall be the settlement key by converting it into the sale amount.

3. A lessee shall deposit 5,00,000 won with a lessor in the form of a deposit money, which shall be appropriated for the public charges of taxes, such as nature of a penalty for a contract subject to a sale condition, unpaid monthly taxes, management expenses, etc.

5. To prepare a protocol of reconciliation prior to filing a lawsuit;

By the settlement protocol prior to the filing of a lawsuit, a statement of intention will be executed immediately without a separate lawsuit.

6. Contract in a state of KRW 162,500,000 on July 23, 2013;

B. On April 13, 2017, the Defendant reversed the above contract and sent to the Plaintiff a certificate of content that KRW 10,000,000 of the penalty would be awarded when disposing of the instant apartment.

C. By October 30, 2017, the termination date of the instant contract, the Plaintiff paid 48 million won in full. The secured debt amount of the instant apartment mortgage is KRW 125 million.

[Ground of recognition] No. 1, and as a result of the extension of financial transaction information to C, the whole purport of the pleading

2. The parties' assertion

A. The defendant's assertion that the defendant is the one mentioned above 1 B.

As seen above, by sending the certificate of content, the Plaintiff shall pay 10 million won for the cancellation fee pursuant to Article 3 of the Special Agreement, and the Plaintiff shall deliver the apartment of this case to the Defendant.

The plaintiff's claim seeking non-permission of compulsory execution is groundless.

B. The plaintiff's assertion (1) the defendant's claim for cancellation.

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