(영문) 수원지방법원성남지원 2014.05.20 2013가합11757

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(영문) 수원지방법원성남지원 2014.05.20 2013가합11757

양수금

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1. The Defendants jointly and severally agreed to the Plaintiff KRW 4,072,839, and 5% per annum from March 29, 2014 to May 20, 2014.

Reasons

1. The following facts may be found either in dispute between the parties or in each entry in Gap evidence Nos. 1, 3, and Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), together with the whole purport of the pleadings:

On November 19, 2008, Nonparty D filed a lawsuit against the Defendants and Nonparty E on November 19, 2008, seeking cancellation of ownership transfer registration as to the Defendants’ share of the instant land, and registration of ownership transfer as the reasons for sale against the Defendants on November 30, 2009, under the premise that each of 449.5/2,656 shares of the F-si in the name of the Defendants (hereinafter “instant land”) purchased from Nonparty E and title trust was null and void. Nonparty D filed a lawsuit against the Defendants on the premise that the title trust agreement is null and void. The said court rendered a favorable judgment against the Plaintiff on November 30, 2009, and the Defendants appealed against the said judgment.

B. In the instant case, including the registration of cancellation of ownership (Seoul High Court 2010Na5610), the appellate court rendered a decision in lieu of conciliation on November 25, 2010 (hereinafter “instant first conciliation decision”), and the said decision became final and conclusive on December 16, 2010 because the parties did not raise any objection. The main contents of the conciliation clause are as follows.

1. D acknowledges that each of the shares of 449.5/2,656 square meters G 990 square meters in Gwangju-si is currently owned by the Defendants, who are currently registered titleholders, and does not raise any objection thereon.

2. The Defendants jointly and severally pay KRW 180,330,045 to D until December 31, 2010.

If the Defendants did not pay the above amount by the payment date, the Defendants shall pay damages for delay calculated at 5% per annum from the day following the payment date to the day of full payment.

4. The Defendants jointly and severally pay KRW 940,000 to D until December 15, 2010.

If the Defendants were to pay the above amount, the said amount shall be paid.

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