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(영문) 서울중앙지방법원 2019.05.08 2018가합593352

부당이득금

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. Each provisional registration, principal registration, etc. of Seocho-gu Seoul Metropolitan Government D land 1) E (hereinafter “E”).

(F) The Seocho-gu Seoul Metropolitan Government D 470.8 square meters (hereinafter “instant land”) in the auction procedure of real estate rent (Seoul Central District Court F)

After purchasing the Company and completing the registration of ownership transfer on September 6, 2002, Defendant C had completed the registration of ownership transfer of 1/2 shares out of the instant land on the same day, and the remainder of 1/2 shares are the provisional registration of the right to claim ownership transfer (provisional registration of security).

The provisional registration of this case is referred to as "provisional registration of this case"

2) G made an application for provisional attachment as to E’s 1/2 shares in this Court No. 2002Kadan5627 and received a provisional attachment order from this Court, and completed the provisional attachment registration on October 22, 2002.

3) H made an application for provisional attachment as to 1/2 shares in E’s name as the preserved right and received a decision of provisional attachment from this court. On October 28, 2002, H completed the provisional attachment registration: ① 1/2 shares in E’s name (i.e., shares in 35.4/470.8 shares) on November 13, 2002, 33.058/470.8 shares in E’ (i.e., shares in 35.4/470.8), the partial transfer registration (hereinafter “I transfer registration”) was completed on November 27, 2002; ② the remainder of E’s name as of November 27, 2001: 1/235.4 [4.32/42/4708/478/4788/478/478/478 of shares].

(2) On November 27, 2002, the provisional registration of the title holder’s right to claim a transfer of part (16.53/4) of equity No. 93924, No. 93924, Nov. 27, 2002, K in provisional registration of the right to claim a transfer of part (16.53/470) of K in provisional registration of the right to claim a transfer of 1 E No. 93925, Nov. 27, 2002, part (3.058/4708) of the title holder’s right to claim a transfer of 1/235.171/20 of equity (33.058/8) of the provisional registration of the right to claim a transfer of ownership No. 93925, Nov. 27, 2002