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(영문) 서울동부지방법원 2018.12.05 2018가합104045
소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

In the lawsuit for ownership transfer registration (this Court 2018Gahap107006), Defendant C and D, a joint purchaser of the instant apartment, filed against the Plaintiffs and Defendant E, the joint seller of the instant apartment, and on October 17, 2018, the judgment of simultaneous performance was rendered to the effect that “the Plaintiff received KRW 305,000,000 from Defendant C and D, and the Plaintiffs and Defendant E simultaneously implement the procedure for ownership transfer registration for the instant apartment on December 2, 2017 with respect to the instant apartment,” and the said judgment became final and conclusive around that time.

Accordingly, on November 5, 2018, Defendant C and D deposited KRW 305,00,000 with Plaintiff B as the principal deposit, and completed the registration of ownership transfer as to the instant apartment on November 12, 2018.

If so, the claim of this case is dismissed, since the plaintiffs already implemented the same contents as the plaintiffs sought in this case.

(2) The judgment of provisional attachment of claims against the Plaintiff A and D regarding the above claim for the purchase price of the purchase price is not affected by Defendant C and D’s failure to receive the actual payment of the purchase price, and the issue of distribution of the purchase price among the joint sellers shall be resolved separately among the joint sellers. However, in light of various circumstances, such as the progress of the lawsuit or the contents of the relevant case, the costs of the lawsuit shall be borne individually.

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