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(영문) 광주지방법원순천지원 2020.01.09 2019가단74574

소유권말소등기

Text

1. The Plaintiff:

A. Defendant B apartment reconstruction association is about 2/100 shares out of 3089 square meters in net city H-si.

Reasons

1. As to each claim against Defendant B apartment reconstruction association, C, D, E, and F

(a)as shown in the reasons for the attachment of the claim;

B. Judgment by the confession of applicable provisions of law (Article 208(3)2 of the Civil Procedure Act, Defendant B apartment reconstruction association, and F did not submit a written reply even after being served with the warden, and did not appear on the date of pleading. Defendant C, D, and E submitted only a formal reply seeking dismissal of request, but did not submit a specific written reply, and did not attend the court on the date of pleading. Accordingly, the Defendants are deemed to have led to the confession of all of the Plaintiff’s allegations in accordance with Article 150 of the Civil Procedure Act.

2. As to the claim against Defendant G, on September 7, 2015, Defendant G sold 2/100 of the purchase price of KRW 25 million to the Plaintiff via the president of the said association, etc. on September 7, 2015, as a member of the B apartment reconstruction association, via the head of the said association, etc., and received KRW 17 million out of the said purchase price, there is no dispute between the parties.

[Defendant G stated at the first date for pleading that it would request dismissal and thereafter submit a document later. At the second date for pleading, Defendant G only stated that it wants to reach an agreement with the Plaintiff on the second date for pleading, did not submit a written reply, etc., and did not specifically dispute the Plaintiff’s assertion, and thus, Defendant G is deemed to have led to the confession of each of the above facts in accordance with the main sentence of Article 150(1) of the Civil Procedure Act. Accordingly, Defendant G is liable to pay KRW 8 million, which is the sale balance, to the Plaintiff at the same time upon receiving payment from the Plaintiff for KRW 2/100 of the above real estate.

If so, the plaintiff's claim against the defendant G is reasonable and acceptable.