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(영문) 서울동부지방법원 2018.05.24 2017가단120067
제3자이의
Text

1. All of the plaintiffs' claims are dismissed.

2. With respect to cases of suspension of compulsory execution by this Court, 2017 Chicago5061.

Reasons

1. Facts of recognition;

A. On April 11, 2015, the Plaintiffs entered into a sales contract with E on real estate listed in the separate sheet owned by D (hereinafter “instant real estate”), and paid KRW 30,000,000 as the down payment on April 11, 2015, May 6, 2015, and KRW 134,000 as the intermediate payment on May 26, 2015, and KRW 134,000,000 as the Seoul Eastern District Court’s 40804 receipt on May 27, 2015.

On June 4, 2015, the Plaintiffs paid KRW 64,00,000 to the lessee of the instant real estate 501, and on June 25, 2015, the Plaintiffs paid KRW 120,000,000 in the balance of the deposit for lease to the lessee of the instant real estate 401.

On November 9, 2015, the Plaintiffs paid KRW 80,000,00 to G, who was a mortgagee and creditor of the instant real estate as the mortgagee and D, and withdrawn a compulsory auction upon the transfer of the right to collateral security.

B. On May 3, 2015, D prepared a debt certificate indicating that the Defendant has the obligation of KRW 130,000,000 to the Defendant. On June 3, 2015, based on the debt certificate, the Defendant was subject to a decision of provisional seizure against immovables 2015Kadan2706, Seoul Northern District Court on June 3, 2015, and completed the registration of provisional seizure as of June 3, 2015, and completed the registration of provisional seizure as of Seoul East Eastern District Court on June 9, 2016 (Seoul Northern District Court Decision 2016Kadan120561), and was subject to a decision of the commencement of provisional seizure as of June 9, 2016 (Seoul Northern District Court Decision 2016Da120561), and on September 23, 2016, the Seoul Northern Northern District Court was forced to implement the provisional seizure as an executory copy of the judgment.

C. On June 22, 2015, the Plaintiffs: (a) completed the provisional registration of the right to claim ownership transfer on the ground of a trade promise on April 11, 2015; and (b) on September 23, 2016, the Seoul East Eastern District Court rendered a judgment that “D shall implement the procedure for the registration of ownership transfer for the instant real estate to the Plaintiffs on April 11, 2015.”

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