(영문) 의정부지방법원 2019.09.18 2019가단110605

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(영문) 의정부지방법원 2019.09.18 2019가단110605

가등기말소

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1. The Defendant shall receive on June 15, 201 from the Plaintiff the Macheon-si District Court Macheon-si District Court Macheon-si Office with respect to the land size of 3306 square meters.

Reasons

1. Determination as to the cause of claim

A. Facts 1) On January 25, 2018, by agreement between the parties in the case of claiming the return of down payment (No. 2017da119479) filed by the Defendant and E against the Plaintiff, the following mediation was concluded (the “instant mediation protocol”).

(b) Article 14 (1);

1. The Plaintiff shall pay 110,000,000 won to the Defendant and E until February 22, 2018. If the Plaintiff fails to pay the said money by the payment date, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the date following the payment date to the date of full payment.

2. In the event that the Plaintiff fulfilled paragraph (1), the Defendant and E transfer documents related to provisional registration to the F judicial scrivener office designated by the Plaintiff by February 23, 2018, and bear all the expenses related to the cancellation of provisional registration.

3. The defendant and E shall waive the remainder of claims.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

2) On April 4, 2019, the Plaintiff deposited KRW 110,00,00 based on the instant conciliation clause (1) and damages for delay calculated at the annual rate of 15% from February 23, 2018 to April 3, 2019, totaling KRW 128,308,219, and KRW 219, the amount of KRW 128,308,219, which was calculated at the rate of 15% per annum from February 23, 2018 to April 3, 2019.

B. The meaning of Article 2(2) of the instant protocol is that “The Defendant and E shall comply with the procedure for registration of cancellation of the provisional registration of the right to claim ownership transfer (hereinafter “instant right to claim ownership transfer”) under Paragraph (1) of the Disposition against the Plaintiff when the Defendant and E are fully paid the money stipulated in Paragraph (1) of the instant protocol from the Plaintiff.”

(C) The Plaintiff made a deposit for repayment on April 4, 2019 and paid all the money stipulated in Article 12(1) of the instant conciliation protocol to the Defendant, etc.

유사 판례

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