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(영문) 서울중앙지방법원 2016.04.29 2015가단5036535
건물인도등
Text

1. It is indicated in the attached Form No. 1 of the Plaintiff (Counterclaim Defendant)’s main lawsuit against Defendant A (Counterclaim Plaintiff) and Defendant A’s party to the lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendants’ family relationship 1) The deceased and the Defendant D were legally married, and the Defendants B, E, and C were born among themselves, and the Defendant F was their children. (2) The deceased died on May 2, 2015 with Defendant D, B, E, and C as their inheritors.

B. The ownership relationship and dispute 1) Attached Form No. 1 is a partitioned building consisting of 17th floor units above ground. 2) The attached Form No. 1 is a partitioned building consisting of the total building of the 17th floor size above ground. The ownership of the Plaintiff acquired by winning a successful bid on October 30, 200, and the ownership transfer registration was completed in Defendant E on September 26, 2002.

3) Defendant E filed a lawsuit claiming damages against the Plaintiff (Seoul Central District Court 2008Gahap8077) with respect to the performance of the above sales contract (Seoul Central District Court 2008Gahap8077). 4) A decision in lieu of conciliation was made on May 26, 2009 and became final and conclusive around that time.

The main contents of the decision are as follows (Provided, That the indication of the plaintiff and the defendant is not this case, but the status of the above case, and the "real estate listed in the attached Table 1" refers to the attached building indicated in this case, and the "real estate listed in the attached Table 2" refers to the site of the building indicated in the attached Table 2.

5) On July 6, 2009, according to the decision in lieu of the above conciliation, the registration of ownership transfer was completed in the name of the plaintiff for the building indicated in the attached sheet (the fact that there is no dispute over the grounds for recognition, evidence Nos. 1 through 4, evidence No. 13, and evidence No. 14

2. Determination prior to the merits

A. The plaintiff's lawsuit between the plaintiff and the defendant E (Seoul Central District Court 2008Gahap8077) on the legitimacy of the part of the claim for extradition among the plaintiff's lawsuit against the defendant E becomes final and conclusive as a substitute for conciliation, including Paragraph 3 of the decision that "the defendant E delivers the building attached to the plaintiff."

There is res judicata as a judgment in lieu of conciliation.

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