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(영문) 인천지방법원 2021.01.14 2019가단276146
배당이의
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. On October 12, 2020, the plaintiff's lawsuit agent submitted a written withdrawal order on October 12, 2020, but the defendant's lawsuit agent submitted a written withdrawal letter on October 23, 2020.

On the other hand, on November 12, 2020, the Plaintiff’s agent appeared on the fifth hearing date and stated to the effect that “all of the claims of this case are withdrawn.”

However, the above statement of withdrawal of the cause of claim is different from the waiver of the claim, and its substance is identical to the withdrawal of the lawsuit. The written consent of withdrawal of the lawsuit submitted by the defendant which is submitted by the defendant also affects the withdrawal of the cause of the claim at the hearing date. Accordingly, the plaintiff's statement of withdrawal of the above cause of claim is invalid in accordance with Article 266 (2) of the Civil Procedure Act.

Therefore, we decide to make a substantive judgment on the ground of the Plaintiff’s claim.

2. Basic facts

A. The Plaintiffs were sold from X Co., Ltd. each of the following floors/units as indicated below among the Nam-gu Y and 7 lots Z buildings (hereinafter “the instant condominium buildings”).

The sale price for the plaintiff 1 AA of the 1st underground floor A of March 5, 2008 (126,721,000 won on March 5, 2008) 2 B B AB of the 1st underground floor AB of the 207 November 22, 2007, 175,98,250 won AC of the 3rd ground on June 10, 2008, 175,98, 250 won 4 D AD of the 4th ground on August 282, 2007, 5 EE AE of the 4th ground on March 23, 2008, 126, 840,000 won on March 23, 2008, 207, AD AD of the 3rd ground on July 24, 2005, 207.

B. On August 13, 2008, the Defendant completed the registration of the establishment of the right to collateral security (hereinafter “each right of collateral security”). On August 13, 2008, the Defendant completed the registration of the establishment of the right to collateral security (hereinafter “each right of collateral security”) by the obligor and the Defendant as indicated in the table below with respect to the portion of exclusive ownership that the Plaintiffs sold in lots among the instant condominiums. The Defendant received on August 13, 2008, No. 9764 (the maximum amount of the claim No. 24 million won) No. 2 B, 2 B, the Incheon District Court registration No. 1 on August 13, 2008, of the content of the right to collateral security (hereinafter “the right of collateral security”).

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