소유권이전청구권가등기 회복등기 절차이행
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 1, 2012, Nonparty C Co., Ltd. completed the provisional registration of the right to partial transfer of ownership (hereinafter “provisional registration of the title C”) with respect to 325/2430 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”) on the Plaintiff’s wife C (pre-name D) on a pre-sale basis.
B. On March 29, 2013, the Defendant received the registration of ownership transfer with respect to the instant real estate from Khyh Co., Ltd.
C. The provisional registration of the instant real estate C was cancelled on May 1, 2014. Around that time, the Defendant concluded a sales contract with C on May 12, 2014 with the purchase price of KRW 20 million with respect to the share of KRW 660,000,000, out of the instant real estate. Around May 14, 2014, the Defendant completed the registration of the establishment of a neighboring mortgage with the mortgagee C with respect to the instant real estate at issue.
On the other hand, on June 10, 2014, the Defendant completed the provisional registration of the right to claim partial transfer of ownership (hereinafter “provisional registration in the Plaintiff’s name”) on the part of 660/2430 of the instant real estate, based on the pre-sale agreement, with respect to the Plaintiff on June 10, 2014. However, the provisional registration was cancelled on September 16, 2014.
E. On November 18, 2015, the Defendant completed the registration of ownership transfer with respect to the instant real estate to an agricultural corporation, Dang-dong, Gadong, and the registration of ownership transfer with respect to the instant real estate was revoked on or around February 5, 2016.
F. Nonparty E paid KRW 21 million in total to C from October 10, 2017 to December 20, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 3 to 19, the purport of the whole pleadings
2. The parties' assertion
A. Since the provisional registration of this case under the Plaintiff’s name was arbitrarily cancelled while the Defendant possessed the seal imprint design, etc. under the Plaintiff’s name, it should be restored.
B. Defendant 2