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(영문) 서울중앙지방법원 2021.02.03 2019나55813 (1)

소유권이전등기

Text

1. The plaintiff's appeal against the defendant C and D and the claim against the defendant B changed in exchange at the appellate court.

Reasons

1. Basic facts

A. On April 3, 2009, the Plaintiff completed the registration of the transfer of ownership in the Plaintiff’s future with respect to the instant land and Q27 square meters in Q27 square meters (hereinafter “out-of-the-land”) with respect to the instant land and Q27 square meters (hereinafter “out the instant land”).

As to the land, etc. of this case on the same day, the Plaintiff completed the registration on March 31, 2009 when the right to request the transfer of ownership on the ground of the pre-sale agreement, and on March 31, 2009 (the maximum amount of KRW 600,000,000).

B. On May 13, 2009, the above provisional registration under the name of I and the registration of establishment of a right to collateral security was cancelled.

Details such as the registration of transfer of ownership after the date are as follows:

1) On May 13, 2009, on May 13, 2009, the ownership transferred on May 10, 2009 to Defendant B (I’s sons and daughters) on May 10, 209.

2) On May 13, 2009, the right to request the transfer of ownership on May 12, 2009, on May 12, 2009, was registered. On May 28, 2009, on May 28, 2009, the ownership transferred on May 12, 2009, on the basis of the above provisional registration.

On July 12, 2013, the ownership of Defendant D (I's wife) was changed on June 19, 2013.

On March 19, 2018, the ownership of land Nos. 2, 3, 5, and 6 among the above land was transferred on March 16, 2018 to Defendant C (ASEAN) on March 16, 2018.

3) On May 13, 2009, the ownership on May 10, 2009, first, became due to sale and purchase, and thereafter the ownership on May 10, 2009 became due to the transfer, etc., and thereafter, on July 12, 2013, Defendant D’s ownership became due to the transfer, etc., and on March 19, 2018, Defendant C’s ownership became due to the transfer, etc.

4) On May 13, 2009, the right to request for the transfer of ownership was registered in the R’s future on May 13, 2009, and on May 28, 2009, the registration of transfer of ownership was completed in the order of priority on the provisional registration, and on August 21, 2009, it was based on sale and purchase on August 19, 2009.