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(영문) 대구지방법원 영덕지원 2018.05.10 2017가합1143
공탁금 출급청구권 확인
Text

1. Between the Plaintiff A and the Defendant, the Korea Rail Network Authority is golded on November 22, 2016, in the Daegu District Court Young-gu, Seoul District Court (Seoul District Court).

Reasons

1. Facts of recognition;

A. On September 24, 1997, E is the F Return 3,375 square meters (hereinafter “instant real estate”) around September 24, 1997 between D and E.

2) As to the instant real estate sales contract between D and D, the owner of the instant real estate (hereinafter “instant sales contract”).

(2) On April 29, 2002, when D did not perform its obligation, such as not disposing of the soil buried in the instant real estate in violation of the instant sales contract, D applied for provisional injunction against disposal of the instant real estate by the Daegu District Court, Young-gu District Court (2002Kadan305). However, on April 29, 2002, the above court made a decision that accepted E’s application for provisional injunction against disposal of the instant real estate (hereinafter “the instant provisional injunction order”) and specified the preserved right as “right to claim registration for cancellation of ownership transfer registration due to sale” as “right to claim registration for cancellation of ownership transfer registration due to sale.” As D’s registration office of the Daegu District Court, Seoul District Court, on May 22, 2002, received provisional injunction against disposal as “the right to claim registration for cancellation of ownership transfer registration due to sale” was also stated as “the right to claim cancellation of ownership transfer registration due to sale.”

3. Afterwards, E filed a lawsuit against D to seek the return of KRW 25 million in total of the down payment and intermediate payment, which was paid by the Daegu District Court Branch Decision 2003Da3350, as D did not dispose of the soil buried in the instant real estate in violation of the instant sales contract, as it did not perform its obligation, etc., and filed a lawsuit claiming the return of KRW 25 million in total. On March 21, 2005, the said court decided to recommend reconciliation with the following contents, as E and D did not raise any objection thereto, the said decision on recommending reconciliation became final and conclusive on April 7, 2005.

Section 1.3

1. The plaintiff (E means the plaintiff) has been constructed with respect to FY 3,375 square meters in Chungcheongnam-gun, Chungcheongnam-do, Seoul, by June 30, 2005, on the basis of the mermeral volume.

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