logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.05.02 2018가합114752
집행문부여에 대한 이의의 소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 10, 2017, the Plaintiffs and E jointly inherited the instant apartment (hereinafter “instant apartment”) indicated on F’s attached real estate (hereinafter “instant apartment”). On December 2, 2017, Plaintiff A and the Defendants entered into a contract with the Defendants to sell the instant apartment to the Defendants for KRW 835,00,000 (hereinafter “instant sales contract”). Plaintiff B and E, immediately after the said sales contract, signed a power of attorney to the effect that “the Plaintiff shall delegate the authority to conclude the said sales contract to the Plaintiff A” and issued it to the Defendants.

B. By March 13, 2018, the Defendants paid the Plaintiff KRW 527,00,000 in total among the down payment, intermediate payment, and remainder as stipulated in the instant sales contract. On March 16, 2018, the Defendants notified the Defendants on March 16, 2018, that “Inasmuch as the amount equivalent to the E portion out of the purchase price that the Defendants paid from the Plaintiff, was not distributed, KRW 237,378,571, which was calculated by deducting the amount equivalent to 2/7 of the real estate brokerage commission from the amount equivalent to 835,00,000,000 won, shall not be cooperate before the registration.”

C. Accordingly, on June 22, 2018, the Defendants filed a lawsuit against the Plaintiffs and E, Seoul Eastern District Court 2018Gahap10706, stating that “The Plaintiffs and E, at the same time, filed a lawsuit against the Defendants for the registration of ownership transfer with respect to the instant apartment.” On October 17, 2018, the said court rendered a judgment that “A shall pay KRW 305,000,000 from the Defendants; at the same time, the Plaintiff shall be paid to the Defendants; the Plaintiff shall be paid KRW 3/14 of each of the instant apartment; and the Plaintiff B and E shall be paid with respect to each of the instant apartment units with respect to each of the two/14 shares among the instant apartment units (hereinafter “related civil judgment”); and around that time, the said judgment rendered a judgment (hereinafter “related civil judgment”).

arrow