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(영문) 의정부지방법원 2015.02.13 2014가합52848

공탁금출급청구권확인

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1. D D’s deposit of KRW 298,00,000,000 deposited by the District Court of Jung-gu on May 29, 2014 as gold No. 2932 of 2014.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition are as follows: (a) Defendant B entered into a real estate sales contract with D on May 23, 2012 (hereinafter “instant sales contract”).

(2) On May 23, 2012 and May 24, 2012, the Plaintiff: (a) paid KRW 48 million among the down payment stipulated in the instant sales contract; and (b) KRW 298 million to D; (c) on June 15, 2012, the intermediate payment of KRW 250 million as stipulated in the instant sales contract; (d) the seller of real estate indicated: (e) the seller of the building outside Gwanak-gu, Seoul; (b) KRW 1/2 of the intermediate payment of KRW 80 million to D; (c) KRW 250 million to the Plaintiff at the time of the payment of the intermediate payment of KRW 80 million; and (d) the Plaintiff and the Plaintiff indicated that the instant sales contract was rescinded with the terms and conditions of the instant sales contract, “the rescission of the instant contract,” and (e) the Plaintiff’s waiver of the right to the intermediate payment of KRW 300 million,000,000,000.”

3) Meanwhile, on April 4, 2013, Defendant C based on the executory exemplification of the judgment in the Seoul Central District Court Decision 2007Gahap4337, the Seoul Central District Court, 2007Gahap4337, and based on the executory exemplification of the instant sales contract against Defendant B, with respect to the claim for the refund of the purchase price due to the cancellation of the instant sales contract against Defendant B, [Attachment] and collection order (hereinafter “instant seizure collection order”).

(D) On May 29, 2014, the Plaintiff or Defendant B deposited KRW 298 million with the District Court No. 2932, 2014, as the principal deposit account, in order to deposit KRW 298,000,000,000. 【The ground for recognition” was without any dispute, and Party A’s Nos. 1 through 5 (a serial number).