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(영문) 서울고등법원 2018.10.05 2018나2010546

소유권이전등기

Text

1. All the lawsuits of the participants of the independent party brought in the trial shall be dismissed;

2. The defendants' appeal is filed.

Reasons

1. The scope of the judgment of the court of first instance is to dismiss the Plaintiff’s primary claim against Co-Defendant B, Defendant C, and D Co., Ltd. (hereinafter “Co-Defendant B” in the name of the company omitted) and to render a judgment that fully accepts the Plaintiff’s conjunctive claim against Co-Defendant B, E, F, and Defendants. The Defendants only appealed against the part of the judgment against the Defendants, and the Intervenor of the independent party (hereinafter “ Intervenor”) filed an application for intervention as an independent party at the trial of the first instance. Thus, the scope of the judgment of the court is limited to the Plaintiff’s conjunctive claim against the Defendants and the part of the Intervenor’s claim

2. Determination on the legitimacy of the request for intervention by an independent party

A. The Intervenor’s assertion 1) has a claim for the return of investment or loan to Defendant J. The instant security agreement is a fraudulent act against the Intervenor, who is the obligee, as it is the sole property of Defendant J. As such, the instant security agreement is the content of disposing of each of the instant real estate, which is the only property of Defendant J., and thus, the purchaser of each of the instant real estate from E and F is Defendant J. The purchaser of the instant real estate is the Defendant J. The Intervenor’s subrogation as the obligee of Defendant J., on behalf of Defendant J., Defendant J., the Intervenor performed the registration procedure for cancellation of the ownership transfer registration of the attached Table 2 List No. 1 (hereinafter “the instant real estate No. 1”), and Defendant D performed the registration procedure for cancellation of the ownership transfer registration of the real estate completed on the said real estate to E, who is the true owner due to the invalidity of the title trust agreement, and E performed the registration procedure for ownership transfer for reasons of sale in 2005 with Defendant J., and the registration procedure for establishment registration of the instant real estate No. 2 (hereinafter “Defendant”).