beta
(영문) 서울남부지방법원 2018.10.19 2017가단256884

가등기말소

Text

1. The Plaintiff:

A. Defendant B’s share of 1/3 of the real estate listed in the separate sheet shall be determined by the Seoul Southern District Court.

Reasons

1. Basic facts

A. On July 9, 2013, the Defendants completed the provisional registration of each claim for share transfer (hereinafter “the provisional registration of this case”) in accordance with Article 34772 of the Seoul Southern District Court’s receipt of the Seoul Southern District Court on the ground of the same day’s trade reservation (hereinafter “instant promise”) regarding shares of 1/3 among the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Plaintiff acquired the ownership of the instant real estate by receiving a successful bid of the instant real estate in the procedure of compulsory auction by official auction at Seoul Southern District Court D’s Seoul Southern District Court on December 11, 2017.

C. On December 11, 2017, Defendant B completed a share transfer registration based on the above provisional registration with respect to the share of 1/3 of the instant real estate (hereinafter “instant principal registration”) on October 5, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The promise to sell and purchase this case between the Defendants, and E, for the purpose of avoiding compulsory execution by the obligees, is null and void. Since the provisional registration of this case and the principal registration of Defendant B based on the above provisional registration are null and void, the Defendants are obligated to register cancellation of each provisional registration of this case, and Defendant B, as the owner of the real estate of this case, are obligated to perform the registration procedure for cancellation of the principal registration of this case, and Defendant B, as the owner of the real estate of this case. (2) The Defendants alleged title trust registered title trust with E the 1/3 shares of the real estate of this case, and completed each provisional registration of this case in order to preserve the right to claim ownership transfer registration against E under the title trust agreement. Each provisional registration of this case is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the Defendants are the Plaintiff who