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(영문) 서울고등법원 2018.04.19 2017나2040502

소유권이전등기

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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff corresponding to the above revoked part shall be against the defendant.

Reasons

1. Basic facts

A. On September 25, 2015, the Plaintiff filed a lawsuit against D including loans, etc. with Seoul Western District Court 2015Kahap3594. On May 12, 2016, the Plaintiff was sentenced to the judgment that “D shall pay to the Plaintiff the amount of KRW 500,000,000 per annum from November 14, 2015 to the date of full payment.” The said judgment became final and conclusive on May 31, 2016.2) The Plaintiff filed a lawsuit against D seeking loans, etc. with the Seoul Western District Court 2016Kahap1837, which became final and conclusive on August 10, 2016 by the same court, with the judgment that “D shall pay to the Plaintiff the amount of KRW 500,000,00 and KRW 15% per annum from November 14, 2015 to the date of full payment.”

(hereinafter the Plaintiff’s loans under each of the above judgments with respect to D are collectively referred to as “instant loans”). (B)

The Defendant, who is the wife of D on October 20, 201, is the co-defendant of the first instance trial on October 20, 201. The land specified in paragraph (1) of the attached Table No. 1 (hereinafter “paragraph (1)”) between the Defendant and the Defendant is the land.

(2) After concluding a sales contract to purchase the purchase price of KRW 60,000,000, the registration of ownership transfer as to the land under Paragraph (1) of December 15, 201 was completed, and on December 10, 201, the land listed in Paragraph (2) of the attached Table (hereinafter “paragraph (2)”) between B and B of December 10, 201.

(2) After concluding a sales contract to purchase the purchase price of KRW 8,00,000, the registration of ownership transfer as to the land under Paragraph (2) of December 15, 201 was completed, and on March 28, 2012, the land listed in Paragraph (3) of the attached Table (hereinafter “paragraph (3)”) between B and B, and the land listed in Paragraph (1) and Paragraph (2), collectively, “each of the instant lands”.

After concluding a sales contract to purchase the purchase price of KRW 28,00,000, the following clause 3 of May 17, 2012.