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(영문) 서울고등법원 2018.01.12 2017나9857

소유권이전등기

Text

1. Of the judgment of the court of first instance, the part of the primary claim against the defendant B shall be revoked, and that part of the lawsuit shall be dismissed.

2...

Reasons

1. Basic facts

A. The relevant parties, the Defendants, and D are siblings.

B. As to the instant land No. 1, the ownership transfer registration from M on Oct. 19, 1999 was made on Oct. 13, 199; on Oct. 30, 199, on Oct. 29, 199; on Oct. 29, 199, the provisional registration of the right to claim for ownership transfer registration based on a pre-sale agreement was made under the name of the Defendant C; on Jul. 25, 2001, the provisional registration of ownership transfer was made on Jul. 16, 2001 under the name of the Defendant C; on Oct. 13, 2000, from N on Jan. 19, 200, the ownership transfer registration was made on Oct. 16, 207 under the name of the Defendant C, the ownership transfer registration was made on Oct. 21, 205 under the pre-sale registration made on Oct. 13, 200.

3) On April 17, 200, with respect to each of the instant buildings newly constructed on the ground of the instant land, the registration of ownership preservation stated in the purport of the claim under Defendant B’s name; and on December 22, 2004, with respect to each of the instant land, the registration of ownership transfer stated in the purport of the claim from Defendant C on December 13, 2004 under the name of Defendant C, including each of the registration of ownership transfer stated in the purport of the claim and the above registration of ownership preservation.

(4) On April 19, 2016, the provisional registration of the Defendant C’s name as indicated in paragraph (1) was cancelled on April 6, 2016, and the provisional registration of the Defendant B’s name as indicated in paragraph (2) was cancelled on the grounds of confusion on December 22, 2004.

C. (1) On June 3, 2015, the establishment of the right to collateral security, auction, etc., was completed on the instant real estate under the name of Defendant B, Defendant B, the maximum amount of debt 120,000,000, E. (2) On June 26, 2015, E filed an application for voluntary auction with the Suwon District Court for the instant real estate as Suwon Branch Branch F for the auction on June 29, 2015. < Amended by Presidential Decree No. 26375, Jun. 29, 2015>