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(영문) 부산지방법원 2017.06.22 2016가단54328

소유권이전등기말소및소유권이전등기 등

Text

1. Of the instant lawsuit, Defendant D, Young-do, Busan Metropolitan City, Korea, E, F, Busan, Busan, from among the instant lawsuit.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence Nos. 1, 2, 4, and 5 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1, and Eul evidence No. 1.

On November 24, 2004, M (the former name: N, and the father of the Plaintiff) representing the Plaintiff (the former name: L) concluded a contract to purchase each of the lands listed in the separate sheet in the name of the Defendant B (hereinafter “each of the lands of this case”) and its ground objects in the name of the Defendant B (the father of the Defendant B) with the Plaintiff (the former name: N, and the father of the Plaintiff) on behalf of the Defendant B (hereinafter “instant sales contract”).

B. On April 12, 2005, the Plaintiff filed an application with the Busan District Court for provisional seizure of each of the instant lands with the claim amounting to KRW 120 million as to each of the instant lands as Busan District Court No. 2005Kadan11666, and received a decision of provisional seizure of the same content from the above court (hereinafter “decision of provisional seizure”).

C. On April 21, 2006, Defendant B completed the registration of ownership transfer for each of the instant lands to Defendant C on the grounds of the sale on the same date (hereinafter “instant transfer of ownership”). D.

As to each land of this case, (1) Defendant D (P) filed an application for provisional attachment against Defendant C with Busan District Court 2006Kadan11774, which was the claim amounting to KRW 20 million, and on June 14, 2006, Defendant C obtained a decision of provisional attachment (registration on June 15, 2006) from the above court on June 14, 2006, and (2) Defendant C obtained a registration of the establishment of collective security (hereinafter “instant collective security”) with a maximum claim amounting to KRW 60 million from Defendant C on July 20, 206, Defendant C was subject to the registration of the establishment of collective security (hereinafter “instant collective security”) with Defendant C on August 7, 2006. (3) Defendant Young-gu Busan Metropolitan City (hereinafter “Ydo”) was subject to attachment against Defendant C on August 7, 2006 (F) and (4) Defendant E on June 27, 2007.