beta
(영문) 광주지방법원 2016.11.02 2016가단509599

소유권말소등기

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of premise;

A. On July 19, 2002, the Plaintiffs entered into a contract with Defendant C on the sale of KRW 21,000 among the land in 21,00,000 among the land in 111,00,000, and received the above payment from Defendant C, and the Plaintiffs entered into a special contract with the following terms: “The Plaintiffs shall be designated and publicly announced as a hot spring district by July 31, 2007; the Plaintiff shall immediately implement the procedures for the transfer of ownership when the announcement is made as a hot spring district; if the said date is not publicly notified as a hot spring district or is unlikely to be publicly notified as a hot spring district, the transaction agreement shall be automatically rescinded; and the Plaintiffs shall return the purchase price to Defendant C.”

(hereinafter “instant No. 1 transaction”). B.

Plaintiff

A completed the registration of ownership transfer for reasons of sale on October 14, 2008 as the head of the Gwangju District Court No. 16047 of October 21, 2008 with respect to 1/2 shares of each land listed in attached Tables 1 and 2 to Defendant C and D.

C. Of the land listed in the attached list No. 3 to Defendant C and D, Plaintiff A filed a share transfer registration on October 14, 2008 with the Gwangju District Court No. 16045, Oct. 14, 2008, with respect to each share of 2/22, and Plaintiff B filed a share transfer registration on October 14, 2008. Plaintiff B filed a share transfer registration on each share of 9/22 with the head of the Gwangju District Court registration office as of October 21, 2008, No. 16046, Oct. 14, 2008, with respect to each share of 9/22.

(hereinafter referred to as “instant second sale”) October 14, 2008, which is the cause of each registration concerning each parcel of land listed in the separate sheet, D.

Defendant C and D completed the registration of the establishment of a neighboring mortgage, which is the Industrial Bank of Korea for the debtor C and the mortgagee, on April 14, 2014, as the head of the Gwangju District Court of Law No. 5067, which was received on April 14, 2014.

[Ground for recognition] Unsatisfy, Gap evidence 3-1-5

2. Judgment on the plaintiff's claim

A. On August 25, 2006, the Do governor Jeonnam-gun of the Plaintiff’s assertion regarding Filsung-gun on August 25, 2006.