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(영문) 서울중앙지방법원 2017.09.01 2014가합566642

매매대금

Text

1. The plaintiff (Counterclaim defendant)'s primary and conjunctive claim against the defendant (Counterclaim plaintiff) and the conjunctive defendants.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. In around 2002, the Plaintiff newly constructed one aggregate building of 16 households (hereinafter “instant building”) with its own costs and effort on the E-ground of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and borrowed money in order to raise the construction fund, and 16 persons were the owner of each household as designated by the creditors as the owner of each household.

B. Of the instant building, the details of major changes in the column A for registration certificate at the time when the instant principal lawsuit was filed ( September 16, 2014), regarding Fho Lake, Gho Lake, and Hho Lake (hereinafter “instant three households”) among the instant buildings are as follows.

On November 4, 2005, a person holding a right to receive a priority registration and a person holding a right to preserve one ownership: A person holding a right to receive a priority registration on November 4, 2005 due to entrustment of the registration of an I provisional disposition: A person holding a right to receive a priority registration number on November 11, 2005, and a person holding a right to preserve one ownership on August 4, 2005: A person holding a right to receive a priority registration number on November 3, 2005 due to entrustment of the registration of a J provisional disposition on November 14, 2005; A person holding a right to trade on November 14, 2005: K6 transfer on October 25, 2006: Defendant D [G]: The purport of accepting a priority registration number on November 4, 2005; the purport of requesting the registration of a provisional disposition to preserve one’s ownership on November 14, 2005]

2. The assertion;

A. On August 2005, the Plaintiff transferred the ownership of several real estate, including the instant building, by intimidation of M, organized violence, around August 2005, without any cause. However, around October 2005, Defendant B sought cooperation from the Plaintiff for the security of the claim, and Defendant B paid KRW 30 million to M while seeking cooperation for the security of the claim, and as a result, transferred the ownership of the instant three households to Defendant B, K, and Defendant C, respectively.