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(영문) 의정부지방법원 2015.04.15 2014가합55212
공탁금출급청구권확인
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C entered into a lease agreement with the K non-real estate trust company and with respect to the D apartment 202 Dong 1005 (hereinafter “instant apartment”).

On November 30, 2007, the Defendant Western Co., Ltd. (hereinafter “Defendant Co., Ltd”) purchased the instant apartment from the KF real estate trust company and succeeded to the status of the rental business operator.

B. C filed a lawsuit claiming the ownership transfer registration for the instant apartment as a result of the sale on May 16, 2013 with respect to the instant apartment with the Gwangju District Court Netcheon-gu 2013da10530, the Defendant Company filed a lawsuit against the Defendant Company.

C. On January 14, 2014, Gwangju District Court’s net support rendered a decision to recommend reconciliation that “The Defendant Company shall receive KRW 50,958,529 from C the sale price for the instant apartment and, at the same time, implement the procedures for registration of ownership transfer based on sale as of May 16, 2013 to C,” and the said decision to recommend reconciliation was finalized as it is.

C The Defendant Company repaid the amount of KRW 36,619,650 to the National Bank of Korea, which it received from the National Bank of Korea as security of the apartment of this case.

E. As to the claim for the sale price of KRW 14,38,879 to be paid by the Defendant Company C (hereinafter “instant sale price claim”), Defendant B received a provisional attachment order with the claim amounting to KRW 1,000,000 under the 2014Kadan619 at the 2014Kadan619 at the Gwangju District Court’s Netcheon Branch. The Plaintiff received a provisional attachment order with the claim amounting to KRW 8,00,000 as Seoul Central District Court 201Kadan4234.

F. On April 24, 2014, C deposited KRW 14,338,879 (hereinafter “instant deposit”). On the basis of deposit, C deposited the Defendant Company, and entered Articles 248(1) and 291 of the Civil Execution Act with the statement of the basis of deposit, and reported the fact of the cause of deposit such as the attached Form.

G. Defendant Company: (a) around April 2014, the Plaintiff and the Plaintiff claim for the sales price of the instant case.

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