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(영문) 서울중앙지방법원 2016.11.09 2015가합25254

소유권이전등기말소

Text

1. The application for participation by an independent party intervenor shall be dismissed in all;

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. On April 16, 2008, D Co., Ltd. acquiring basic real estate (hereinafter “D”) completed the registration of transfer of ownership in its name with respect to the shares of 1269/25398 (hereinafter “shares”) out of the registry of accounts for factory land in Bupyeong-gu Incheon, Bupyeong-gu, Incheon Metropolitan City (hereinafter “instant dispute share,” and the entire land “instant land”). The Plaintiff completed the registration of transfer in its name on December 29, 2008 according to the company division.

Of the instant land, with respect to the portion remaining 12699/25398, excluding the portion in the instant dispute, a stock company E (hereinafter “E”) completed the registration of ownership transfer in its name on October 21, 2009.

Meanwhile, on the other hand, an independent party intervenor made a claim for ownership transfer registration under the purchase and sale contract dated September 16, 2004 with D as the preserved right, and received a provisional disposition order as to 3308.1/209Kahap1842 from the Incheon District Court on July 23, 2009 as the Incheon District Court Decision 2009Kahap1842 on July 23, 2009, the independent party intervenor completed the provisional disposition registration as of July 23, 2009 by the Incheon District Court North Incheon District Court North Incheon District Court Decision No. 53512 on July 23, 2009. On June 28, 2012, the plaintiff received 130,60,834 won from the independent party intervenor and received from the independent party intervenor the ownership transfer registration procedure to the independent party intervenor on September 16, 2004.

On March 25, 2010, Defendant Newan Mutual Savings Bank Co., Ltd. (hereinafter “Defendant Bank”) entered into an agreement with the Plaintiff and E on March 25, 2010, between the Plaintiff and the Defendant Newan Mutual Savings Bank, within the limit of eight billion won for the Plaintiff, and within the limit of 13.3 billion won for the Plaintiff, to lend 10% per annum of interest and 25% per annum of interest for the purpose of arranging limited rights or disputes arising from the instant dispute shares and E’s shares, and the Plaintiff and E’s joint and several obligations of the Plaintiff and E.