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(영문) 청주지방법원 2017.10.19 2017나11910

소유권말소등기 등

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1. Cases of requests for the cancellation of ownership transfer registration added at the trial and those of compulsory execution to deliver real estate;

Reasons

1. Basic facts

A. On July 1, 1995, the Plaintiff and B’s ownership transfer registration for the instant real estate was completed on the ground of sale as of February 11, 1993. 2) Nonparty B completed the registration of ownership transfer for the instant real estate owned by the Plaintiff as of December 15, 2003, following the completion of the registration of ownership transfer registration for the reason of sale as of December 12, 2006, on the instant real estate as of December 17, 2006.

B. The non-party C (the former name before the opening of the name: D) filed a lawsuit claiming ownership transfer registration against B on September 18, 2008, alleging that “C at the time it set the due date of October 9, 2006 to lend KRW 30 million to B on November 9, 2006, if B fails to repay the above amount by the agreed date, even though B entered into an accord and satisfaction agreement with the purport of transferring ownership of the instant real estate, it did not perform it properly.” The non-party C (the former name before the opening of the name: D) brought a lawsuit claiming ownership transfer registration against B under the Youngju District Court Branch Branch 2008Gadan2462 with respect to the total nine real estate including the instant real estate (hereinafter the above lawsuit referred to as “the first preliminary lawsuit lawsuit”).

(2) On November 7, 2008, the above court rendered a decision without holding that “B shall implement each procedure for the registration of ownership transfer on the ground of the completion of accord and satisfaction on November 9, 2006, respectively, with respect to nine real estate including the instant real estate.” The above decision became final and conclusive on November 27, 2008.

3) According to the final and conclusive judgment of the first-class lawsuit on November 18, 2014, C shall transfer the ownership of the instant real estate due to the completion of the pre-payment in accord and satisfaction as of November 9, 2006 (hereinafter “instant transfer of ownership”).

(C) Upon completion of the instant lawsuit, C. (1) on January 5, 2016, “B interferes with C’s exercise of ownership by occupying and using the instant real estate.”