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(영문) 서울북부지방법원 2019.06.19 2018나34757

건물인도 등

Text

1. The defendant's appeal is dismissed.

2. According to the plaintiff's addition of the purport of the claim in the trial, the defendant is about 19.

Reasons

1. Basic facts

A. 1) On February 10, 2004, the registration of ownership transfer of D’s name was completed by the court’s entrustment of a provisional disposition registration, and on the same day, the registration of ownership transfer under a payment agreement or a transfer for security agreement was completed in the name of E Union, the right to claim the registration of ownership transfer under a transfer for security agreement, and the registration of provisional disposition was completed on June 3, 2004 as co-owners of shares of 1/2 of the instant real estate on June 3, 2004. < Amended by Act No. 7209, Mar. 4, 2004>

3) In order to execute the registration of prohibition of provisional disposition mentioned in paragraph (1) above, E Union filed a lawsuit against D with the Seoul Central District Court 2004Kahap56610 (hereinafter “Seoul Central District Court”). On April 8, 2005, the above court rendered a favorable judgment against E Association that “D shall implement the registration procedure for transfer of ownership for 16 households, including the instant real estate, on May 15, 2003.” The above judgment became final and conclusive at that time.

4) However, the registration of transfer of ownership in the name of E Union was completed due to payment in kind in accordance with the final and conclusive judgment mentioned in paragraph (3) of the above Article concerning the real estate of this case without cancellation of the registration of joint ownership in the names of the Intervenor joining the Defendant and F, as described in paragraph (2) of the above 2, which conflict with the registration of prohibition of disposal in the provisional disposition mentioned in paragraph

5) As to the instant real estate, G Co., Ltd. (hereinafter “G”) on November 25, 2009

(6) On July 9, 2015, the Plaintiff’s provisional registration right transfer registration was completed due to the purchase and sale as of November 24, 2009. On April 14, 2011, the provisional registration of the right to claim a transfer of ownership was completed due to the purchase and sale as of April 13, 201 under the H’s name. (6) The Plaintiff’s registration on the register as of July 9, 2015 is “the day of the cause of registration is July 30, 2015.” However, the provisional registration right transfer contract (Evidence 18) includes the date of conclusion as “ July 9, 2015.”