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(영문) 서울중앙지방법원 2015.12.04 2015가합544311
보관금 반환
Text

1. The Defendant: KRW 33,100,00 for Plaintiff A, B, and D, and KRW 31,165,184 for Plaintiff C, respectively, and KRW 24,023,162 for Plaintiff E, H, and I.

Reasons

1. Basic facts

A. The plaintiffs were those who signed a sales contract for some stores among the shopping mall "M (hereinafter "the shopping mall of this case") located in Seodaemun-gu, Seoul (hereinafter "K"), and filed a lawsuit with the Seoul Central District Court as Seoul Central District Court Decision 2007Ga104541, on November 2007, since the above company and sales agency appointed the defendant of this case as the legal representative and made a false advertisement against K that "the shopping mall of this case is located in the sphere of the area of the Incheon Airport's railway's railway's railway's railway's railway's railway's railway's railway's railway's railway's railway area and "the sale contract for this case's shopping mall of this case's shopping mall is returned to return the sale price already paid."

B. As a result, on July 23, 2009, the same court rendered a judgment of provisional execution that acknowledges the fact that the above sales contract was concluded by the Defendant’s deception, etc., and rendered a judgment of provisional execution citing most of the claims of the first lawsuit group.

K filed an appeal and filed an appeal with the same court No. 2009Kagg7105, and filed an application for the suspension of execution against the above provisional execution sentence. Accordingly, the decision to suspend execution was rendered on August 20, 2009 on the condition that the provisional execution was deposited with the same court No. 14958 in 2009.

(hereinafter “instant deposit”). C.

On June 17, 2011, the appellate court sentenced the same purport as the Seoul High Court 2009Na76289 (Seoul High Court 2009Na76289), and ordered K to pay the additional amount for some parties, including Plaintiff A, B, etc. (K dissatisfied with this order, but did not seek suspension of execution of the appellate court judgment) and subsequently, on May 24, 2012, the appellate court dismissed the appeal by the Supreme Court Decision 201Da56675 Decided May 24, 2012, which became final and conclusive.

The case is related to ‘the suit for which the judgment has become final and conclusive'.

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