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(영문) 서울남부지방법원 2018.11.23 2018나51957

소유권말소등기

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1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On April 17, 2014, the Plaintiff leased KRW 200 million to Defendant C, which had been performing construction of multi-household housing in Gangseo-gu Seoul Metropolitan Government, through Defendant C, and subsequently transferred the ownership of Ghoho Lake, Hho, and I (hereinafter “each of the instant real estate”) among the above multi-household housing on August 26, 2014 as payment in lieu of the above loans.

B. Upon Defendant C’s request, the Plaintiff transferred the ownership of each of the instant real estate to Defendant B, instead of paying the down payment of the down payment for the new construction contract concluded with Defendant B, and completed the registration of ownership transfer for each of the instant real estate to Defendant B as of July 15, 2015, Nos. 58714, 58715, and 58716, which was received on July 15, 2015 from the Seoul Southern Southern District Court’s registration office, respectively (hereinafter “instant first ownership transfer”).

C. Since then, the Defendants’ contract for the construction of loan was rescinded, and Defendant B, upon Defendant C’s request, completed the registration of ownership transfer for each of the instant real estate to Defendant C on October 13, 2015, the Seoul Southern District Court’s registration No. 89211, 89212, and 89213 (hereinafter “instant registration of ownership transfer”) on September 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. (1) The judgment on the cause of the claim (1) was revoked or cancelled, and the construction contract between the Defendants was revoked or cancelled, and thus, the ownership of each of the instant real estate was restored to the Plaintiff. The registration of the invalidity of the cause of the instant registration No. 1 and No. 2 in the name of the Defendants was revoked

Accordingly, the plaintiff is the true owner of each real estate of this case, and is the exercise of the right to exclude interference based on ownership for the restoration of real name.