소유권이전등기말소 등 청구의 소
1. Defendant D’s KRW 100,000,000 as well as 5% per annum from February 8, 2007 to May 19, 2018.
Facts of recognition
On March 6, 2007, Yongsan-gu Seoul Metropolitan Government E-204.8 square meters (hereinafter “instant land”) was divided from the F land in Yongsan-gu Seoul, Yongsan-gu, Seoul, and the previous ownership relationship was changed as is, and was registered as a multiple co-ownership.
(Defendant D completed a share transfer registration on May 14, 1975 with respect to the share of 60/514 out of the land of this case, and completed the share transfer registration on September 29, 2006 to G and H on July 16, 2006, respectively. After that, Defendant D completed each share transfer registration on March 26, 2007 due to a final judgment (Seoul Central District Court 2003Gahap68760) (Seoul Central District Court 2003Gahap68760). < Amended by Act No. 8514, Mar. 26, 2007; Act No. 8514, Jun. 15, 2007>
On July 16, 2006, the Plaintiff purchased 231/1,024 shares of the instant land from Defendant D in the purchase price of 100 million won, and the payment of the purchase price was to be made as an existing obligation against Defendant D with respect to the Plaintiff.
(hereinafter “instant sales contract”). The Plaintiff filed a lawsuit claiming ownership transfer registration pursuant to the instant sales contract against Defendant D (U.S. District Court 2007Dadan25611) and rendered a favorable judgment, and the said judgment became final and conclusive on April 17, 2008.
Based on the above final judgment, the Plaintiff completed the registration of transfer of shares in relation to 231/1,024 out of the instant land on May 1, 2008.
On May 2, 2007, Defendant D completed the establishment registration of a neighboring mortgage of KRW 585 million with respect to the share of KRW 414,85/514 in his name among the instant land (hereinafter “instant collateral security”) on May 2, 2007, and on June 21, 2007, I completed the establishment registration of a neighboring mortgage of KRW 280 million with respect to the share of KRW 454/514 in his name out of the instant land (hereinafter “instant second collateral security”), and I transferred the said collateral security claim to Defendant C on December 3, 2010, and completed the additional registration prior to the establishment registration of a mortgage under Defendant C’s name on December 6, 2010.
I and Defendant B on August 7, 2007