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1. The part of the lawsuit filed by an independent party intervenor concerning the cancellation of deposit and the confirmation of the claim for payment of deposit money shall be dismissed;
2...
Reasons
1. Basic facts
A. The Defendant purchased 302 parcel F on the ground of Seoul, Gwanak-gu, Seoul, and three parcels (hereinafter referred to as the “instant building”) from D, and paid 190,000,000 won for down payment and intermediate payment to D.
B. D’s defect in the individual rehabilitation application filed by Daejeon District Court 2007da7579, and the Defendant reported the claim to the above individual rehabilitation procedure and received the distribution of KRW 41,326,180.
C. After all, G, H, and the Plaintiff, the co-owner of the instant building, as the constructor of the instant building, was the period during which the ownership of the instant building 302 was recognized to the Defendant, and the Defendant’s wife completed the registration of ownership transfer on July 1, 2008 with respect to the instant building 302.
On March 21, 2014, the Defendant deposited KRW 41,326,018 with the deposited person as H, G, and the Plaintiff on the ground that the deposited person was paid twice the amount of KRW 41,326,018 with the Seoul Central District Court Decision 2014Da6064 (hereinafter “instant deposit”).
E. Meanwhile, the Plaintiff filed a lawsuit against G and H with the Seoul Central District Court 2009Gahap105173 against the Plaintiff to implement the procedure for ownership transfer registration based on the letter of agreement performance as of June 28, 2002. The above court ruled that G and H shall return part of the settlement amount to the Plaintiff. The Plaintiff and H and H, Seoul High Court 201Na106190 (main lawsuit), 201Na106206 (Counterclaim) decided on March 38, 2013, that H and G were owned by the Plaintiff on June 28, 2002 as of June 28, 200, and that it continued to carry out the procedure for ownership transfer registration as of June 208, 200 to the effect that the agreement on June 28, 2002 was changed to the Plaintiff on June 20, 201.