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(영문) 서울서부지방법원 2016.10.20 2015가단243180

소유권말소등기

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the whole purport of the pleading in Gap evidence Nos. 1, 2, and 5 (including paper numbers):

M around 201, 8 persons entered in the purport of the claim, such as E, contracted to perform a pelvis construction from among the N apartment reconstruction construction in Eunpyeong-gu Seoul, and agreed to purchase the above N apartment 301 (hereinafter referred to as “the apartment of this case”) in lieu of paying the construction cost of KRW 170 million.

B. Since M was unable to borrow money from, or to pay the materials for, the plaintiffs during the process of the above structural construction, the plaintiffs filed a lawsuit against M, including loans, etc. with Seoul Eastern District Court 2008Gahap11649, Nov. 13, 2008, and the above court rendered a favorable judgment against the plaintiffs that "M shall pay to the plaintiffs A the amount of KRW 10 million, KRW 37 million, KRW 57 million, and KRW 20% interest per annum from November 14, 2008 to the day of full payment." The above judgment became final and conclusive around that time.

C. Meanwhile, the apartment building of this case was completed on March 19, 2004 after the completion of the N apartment reconstruction construction, and the ownership preservation steam was completed on August 1, 2008 to December 30, 2008, as stated in the purport of the claim between August 1, 2008 and December 31, 2008, and the ownership transfer registration was completed on July 31, 2008.

2. The plaintiffs asserted that M has completed the registration of ownership transfer on the apartment of this case pursuant to the false declaration of intention that M had conspired with the defendant and 8 others, or the third party trust agreement with the defendant for the purpose of evading obligations, such as loans, etc. to the plaintiffs, or that M and E have completed the registration of ownership transfer on the apartment of this case in succession to eight persons, such as M and E, in the order of priority,

The first to the first to the first, the above evidence.