소유권말소등기
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation of this case is as follows, except where the defendant adds "2. Additional Judgment" as to the assertion emphasized or added by the court of first instance, and thus, it is identical to the reasoning of the judgment of first instance. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of
(except for parts D and C). 2. Additional determination
A. The gist of the defendant's assertion is that the defendant holds a gold claim against the plaintiff in excess of the market price of the real estate of this case (Seoul Central District Court Decision 2009Da190266), even if the registration of transfer of ownership in the name of the defendant with respect to the real estate of this case is cancelled and the registration of transfer of ownership is completed in the name of the plaintiff, the defendant shall be subject to compulsory execution against the share of this case. In addition, as seen earlier, the defendant attached the right to claim the registration of transfer of ownership of this case against the plaintiff C, D, etc. under the attachment order issued by Seoul Western District Court 2018TTT2074 as the claim amount of the above judgment amount, and considering that the plaintiff should pay the above judgment amount to the defendant more than the market price of the real estate of this case, it is unnecessary to preserve the plaintiff's claim for the cancellation of the registration of transfer of ownership in the name of the defendant in subrogation of C, D, etc.
B. As seen earlier, C and D, each of the right holders of 1/3 of the instant real estate, have the right to claim the cancellation registration of the instant share transfer under the name of the Defendant, which is null and void on the ground as seen above, against the Defendant, and the Plaintiff has the right to claim the registration of transfer of ownership on November 13, 2007 with respect to C and D’s shares, namely, the right to claim the registration of transfer of ownership on the ground of a payment agreement on November 13, 2007, in lieu of C and D, to preserve the right to claim the said transfer registration against C and D.