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(영문) 서울중앙지방법원 2019.03.26 2018가단5174322

소유권이전등기

Text

1. Defendant C Co., Ltd. shall share 35.315/2219.4 of the real estate listed in the separate sheet to Defendant E.

Reasons

1. Basic facts

A. On January 30, 1992, Defendant E Co., Ltd. (hereinafter “Defendant E”) purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant C Co., Ltd. (hereinafter “Defendant C”) at KRW 3 billion.

B. On October 30, 1992, Defendant E sold the instant real estate in installments. On October 30, 1992, the Plaintiff from Defendant E, the Plaintiff purchased the building area and site ownership equivalent to the share of 19.74/2219.44 out of the instant real estate in KRW 45,712,311, and the Plaintiff B, together with F, purchased the building area and site ownership equivalent to the share of 31.14/2219.44 out of the instant real estate in KRW 72,128,972, and paid the sale price to Defendant E, respectively.

C. Plaintiff B filed a lawsuit seeking ownership transfer registration procedure (Seoul Central District Court 2016Gadan1059699) against Defendant E on the ground that he/she purchased shares of 15.565/2219.44 of the instant real estate from the said Defendant, and the said judgment became final and conclusive upon receiving a favorable judgment, and the F completed the procedure for ownership transfer registration for the said sale on March 30, 2018 with respect to the share of 15.5/2219.4 of the instant real estate.

Defendant E was dissolved on December 1, 199 pursuant to Article 520-2(1) of the Commercial Act without any order to register the ownership transfer to the buyer of the instant real estate, and on December 1, 2002, the registration for the completion of liquidation was completed.

[Reasons for Recognition] The entry and the purport of the whole pleadings as to Defendant E, as to Defendant C, as to Gap evidence Nos. 1 through 9, 11, and 12 (including each number)

2. Determination

A. According to the above facts of recognition as to the claim against Defendant C, the Plaintiffs have the right to claim ownership transfer registration against Defendant E with respect to the shares purchased from Defendant E among the instant real estate, and Defendant C has purchased the instant real estate from Defendant C due to sale with regard to Defendant E.