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(영문) 서울중앙지방법원 2013.01.23 2012가합40924
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B, C, and D shall each be paid KRW 36,327,383,00,000, and shall be fully paid from July 28, 2012.

Reasons

1. Basic facts

A. The land of this case was originally owned by the Plaintiff. On August 16, 2007, 2007, part of the ownership transfer registration was completed in Defendant B’s name on the ground of the division of property on January 12, 2007 with respect to 2/5 shares out of the instant land.

B. On February 12, 2008, Defendant B filed a lawsuit against the Plaintiff regarding the claim for partition of co-owned property on the instant land. The Suwon District Court rendered a decision in lieu of conciliation on September 30, 2008 (hereinafter “instant compulsory conciliation decision”). The instant compulsory conciliation decision was finalized on October 23, 2008, and its main contents are as follows.

1. Where Defendant B entered into a contract to sell Defendant B’s share in the instant land to a third party in KRW 38,000,000 per square meter by January 31, 2009, the Plaintiff also sells the Plaintiff’s share in the instant land to the same person under the same conditions.

2. If the plaintiff or the defendant does not comply with paragraph 1, the defendant B will purchase the plaintiff's share in the land of this case from the plaintiff at the price set forth in paragraph 1.

3. The method of performing the sales contract under paragraph (2).

A. By January 31, 2009, Defendant B paid the Plaintiff the money under paragraph (2) at the same time with the registration of ownership transfer of 3/5 shares out of the instant land received from the Plaintiff, but if Defendant B delayed the payment of the said money even though the Plaintiff provided the documents on the registration of ownership transfer to Defendant B, Defendant B shall pay damages for delay at the rate of 20% per annum.

B. The plaintiff from the defendant B.

Defendant B at the same time receiving the money of this subsection.

shall comply with the procedure for ownership transfer registration for the share stated in paragraph (1).

C. On October 23, 2008, Defendant B’s attorney F, who filed an application for certification of delivery and confirmation of the instant compulsory adjustment decision, and filed an application for the grant of execution clause.

However, the Suwon District Court.

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