logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.07.10 2017가단5182203
권리행사최고 및 담보취소절차 이행
Text

1. Of the instant lawsuit by Plaintiff A and the instant lawsuit by Plaintiff B, Seoul Central District Court No. 2016Kadan80150.

Reasons

1. Basic facts

A. On February 3, 2016, the Plaintiffs and the Defendant (hereinafter collectively referred to as “Plaintiff, etc.”) filed an application for provisional attachment with the Seoul Central District Court for the real estate indicated in the attached list owned by D, on the ground that the obligor’s obligation to deposit KRW 500 million, among the agreed money and the obligation to return the lease deposit (hereinafter collectively referred to as “Plaintiff, etc.”) was the preserved right (2016Kadan80150), and issued an order to deposit KRW 100 million with the Plaintiff, etc. on February 3, 2016.

B. On February 5, 2016, the Plaintiff et al. deposited in cash the amount of KRW 50 million, and according to the deposit certificate, the Plaintiff et al. did not divide the amount of each deposit by three depositors, including the Plaintiff et al. and entered one deposit amount jointly.

(hereinafter “instant security deposit”). On the other hand, provisional seizure was issued on February 12, 2016 on the condition of providing security, such as deposit in cash.

(hereinafter referred to as “instant provisional seizure”). C.

Plaintiff

On July 14, 2016, the Seoul Central District Court rendered a compulsory conciliation decision against D on July 2016, 2016 from the conciliation procedure (2015 Ss.562143) of the case including ownership transfer registration, etc., and became final and conclusive around that time.

(1) D shall divide 7,603 square meters (2,300 square meters) out of 34,294 square meters of forest E in Daegu-gun, Daegu-gun, into the Plaintiff, and shall implement the procedures for registration of ownership transfer to the Defendant (C) with respect to the division of 9,917.35 square meters (3,000 square meters) among them.

(2) D shall deliver all the documents necessary for the procedures for the registration of ownership transfer under paragraph (1) to a certified judicial scrivener to implement each procedure for the registration of ownership transfer.

③ The Plaintiff, etc. shall withdraw respectively the application for provisional disposition 2015Kadan50178 for each Suwon District Court branch and the application for provisional disposition 2016Kadan80 for Seoul Central District Court 2016Kadan80 and cancel the enforcement thereof.

4. The Plaintiff, etc. does not raise any problem with respect to the property inherited by D to D to D to D to D to F and Embamo G.

⑤ Defendant (C) and Plaintiff B waive the remainder of their claims, and Plaintiff A waive their respective claims of this case.

arrow