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(영문) 서울동부지방법원 2017.10.27 2017가단105259
손해배상(기)
Text

1. The Defendants jointly share KRW 22,500,000 to the Plaintiff and Defendant B and C with respect thereto from February 28, 2017, and Defendant D.

Reasons

1. Basic facts

A. The Plaintiff and Nonparty F purchased land and ground buildings listed in the attached Table 3 Real Estate List (hereinafter “instant gas station”) that were owned by Defendant D in the voluntary auction process of real estate G real estate G with the Incheon District Court, and completed the registration of ownership transfer as to each of 1/2 shares on February 12, 2016.

B. Defendant C is the husband of Defendant D, and Defendant B is the children of Defendant C and D. Even after the Plaintiff and F purchased the instant gas station, the Defendants rejected the delivery of the instant gas station to the Plaintiff and F, asserting that they paid expenses for each of the goods listed in the attached Table 5, located in the instant gas station.

C. Accordingly, the Plaintiff and F filed a lawsuit against the Defendants as follows, under the Incheon District Court Branch Branch Decision 2016Gahap100798 (hereinafter “instant prior lawsuit”) and the following purport of the claim and the cause of the claim.

[Claim]

1. The Defendants shall deliver to the Plaintiffs each real estate and movable property listed in the separate sheet No. 1 (Attachment No. 4 of this case), and the separate sheet No. 2 (Attachment No. 5 of this case).

2. It is confirmed that there does not exist any obligations with respect to each real estate and movable property listed in the separate sheet No. 1 (Attachment No. 4 of this case), and the separate sheet No. 2 (Attachment No. 5 of this case) against the Defendants.

[Summary of the Grounds for Claim] The plaintiffs acquired ownership of the gas station of this case in the auction procedure, and transfer ownership of each real estate and movable property in the attached Table 2, which are attached to the corresponding objects or accessory located above and below the ground of the gas station of this case, to the plaintiffs.

However, the Defendants presented the list that is not included in the amount of appraisal in the auction procedure, and the ownership of each real estate and movable property listed in the attached Table 2 is against the Defendants.

The plaintiffs filed a claim that they had a debt with respect to each of the above immovables and movables and did not deliver it to the defendants.

Therefore, this paper seeks a judgment such as the purport of the claim.

The action is brought.

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