beta
(영문) 서울중앙지방법원 2017.02.08 2016가합505672

유치권확인 등 청구의 소

Text

1. Of the instant lawsuit, the part demanding the implementation of the procedure for the restoration registration of ownership transfer registration.

Reasons

1. Basic facts

A. On September 2, 2004, the Plaintiff entered into a contract with the Seongbuk-gu Seoul Metropolitan Government FF large 225 square meters (hereinafter “instant site”) with the content that the instant building shall be constructed for construction cost of KRW 500 million up to March 1, 2005, and the remainder shall be paid at the time of completion and the payment of construction cost shall be delayed (hereinafter “instant contract”). The Plaintiff completed the instant building on the ground of KRW 225 square meters (hereinafter “instant contract”).

B. On February 21, 2008, E completed the registration of initial ownership of the instant building in its name as Seoul Northern District Court No. 8008 received by the Dongdaemun-gu District Court.

C. On May 29, 2009, E entered into a lease agreement with C to lease all the second floor of the instant building in KRW 300 million.

E on March 30, 201, the receipt of the above registry office was 15071, and on May 29, 2009, due to the contract to establish the contract as of May 29, 2009, E completed the registration of establishment of chonsegwon, the deposit money of KRW 30 million, the range of residential second floor, and the term of the lease on a deposit basis on May 28, 2014.

E on January 6, 2011, the above registry office received the instant land from January 7, 201, and completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) under the Plaintiff’s name on the ground of trade reservation as of January 6, 201.

E. On December 18, 2013, G, the creditor of E, obtained a compulsory decision to commence compulsory auction on the instant building, the instant site, and the instant land from the Seoul Central District Court H.

The above court decided to permit the sale of the defendant to the purchaser at the auction procedure commenced with the above decision to commence compulsory auction (hereinafter “instant compulsory auction procedure”).

F. On January 22, 2016, with respect to the instant building, the instant site, and the instant land, the ownership transfer registration under the name of the Defendant was completed due to a compulsory auction as of January 22, 2016 by the receipt of the said registry office, as of January 22, 2016. At the same time, the registration of cancellation of the instant provisional registration was completed.