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(영문) 의정부지방법원고양지원 2015.01.22 2014가합52681
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 24, 2007, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from Nonparty E, and filed a lawsuit against Nonparty C, including a claim for cancellation of ownership transfer registration, against Party E and C, the Seoul Western District Court Decision 2014Kadan20546, and the said court decided on March 24, 2014 that “C shall perform the procedure for cancellation registration of ownership transfer registration completed on December 27, 2007 with respect to each of the instant real estate to Party E, and Defendant E shall perform the procedure for cancellation registration of ownership transfer registration for the Plaintiff’s each of the instant real estate on November 24, 2007, with respect to the Plaintiff’s entire purport of recommending settlement. The Plaintiff and C did not raise any objection, thereby the said decision became final and conclusive on April 11, 2014.

(hereinafter referred to as the “decision of recommending reconciliation of this case”). B.

On the other hand, on December 4, 2013, Defendant B completed the provisional attachment execution on each of the instant real estate by using the amount of KRW 113,572,015 against C as the claim for the purchase of the goods at KRW 113,572,015 as the claim for the payment of the goods. Defendant B completed the provisional attachment execution on each of the instant real estate as the High Government District Court 2013Kadan50760, Dec. 5, 2013, Defendant B (hereinafter “Defendant Company”) as the claim for the purchase of the goods at KRW 53,594,716 against C as the claim for the purchase of the goods at KRW 53,594,716, Dec. 5, 2013.

(hereinafter referred to as "each of the instant provisional seizure") C.

Since then, as to each of the instant provisional seizures, Defendant B filed a lawsuit against Defendant B on February 6, 2014 with the High Government District Court 2013Kahap932, which rendered a favorable judgment on the claim for the purchase of goods, and the Defendant Company filed a lawsuit against C on February 21, 2014 with the High Government District Court 2013Kadan42567, which received a favorable judgment on February 21, 2014, and each of the above judgments was rendered around that time.

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