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(영문) 청주지방법원 영동지원 2018.09.21 2018가단3938

소유권이전등기

Text

1. Defendant B: (a) on September 13, 2016, the Cheongju District Court in the Cheongju District Court in the separate sheet to Defendant C regarding each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. Defendant D, E, and F filed a lawsuit against the Plaintiff seeking the implementation of the procedure for ownership transfer registration on February 5, 1987 with respect to one-third share of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) by Youngju District Court Branching 2014Gadan5325, Youngju District Court, as to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

On April 24, 2015, the lower court rendered a favorable judgment against the said Defendants on April 24, 2015, and the said Defendants completed the registration of ownership transfer as prescribed by Cheongcheon District Court receipt No. 8766 for each of the instant real estates on June 12, 2015.

B. On August 17, 2016, Defendant C completed the registration of ownership transfer as Cheongju District Court No. 10703 on August 3, 2016, based on sale and purchase on August 3, 2016.

C. On September 13, 2016, Defendant B completed the registration of ownership transfer as to each of the instant real estate as Cheongju District Court No. 11904 received on September 12, 2016 on the ground of sale and purchase.

The plaintiff above A.

On July 13, 2017, the judgment of the court of first instance was revoked and all the claims of Defendant D, E, and F were dismissed. The judgment of the court of first instance was rendered on July 13, 2017 in the appellate court [Cheongju District Court 2016Na12695, 2016Na3981 (Intervention)].

As to this, the Defendants filed an appeal, but in the final appeal (2017Da252826), the appeal was dismissed on October 31, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4 and 6 (including provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition as to the claim against Defendant B, the registration of transfer of ownership in the name of Defendant D, E, and F, which was completed with respect to each of the instant real estate, is the registration of invalidity of cause, and the registration of transfer of ownership in the name of Defendant C, B, which was based on such fact, is also the registration of invalidity of

Accordingly, Defendant B is against Defendant C.