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(영문) 창원지방법원 2016.02.16 2015가단16425

소유권이전등기절차이행

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged either in dispute between the parties to the facts of recognition or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 2 and 9.

The land of this case (hereinafter referred to as the "land of this case") is a land subject to a replotting disposition of 604 square meters prior to D Kimhae-si, Kimhae-si.

B. Nonparty E filed a claim against Nonparty F, G, H, I, J, K, L, M, P, P, Q, R, S, and T (hereinafter “F, etc.”) for ownership transfer registration of the instant land. On July 11, 2012, the Changwon District Court rendered a judgment that: (a) around July 11, 2012, the lower court determined that: (b) each of the ownership shares in the instant land (R is 8054/314080; (c) S is 2417/314080; (d) T is 1610/314080; and (e) the remaining persons are 4027/314080; and (e) the said judgment became final and conclusive around that time.

C. In addition, the Plaintiff filed a lawsuit against U, V, W, X, Y, and Z (hereinafter “U, etc.”) to claim ownership transfer registration against the shares of the instant land, unless otherwise indicated, the Changwon District Court rendered a judgment that the said U, etc. shall implement the procedure for ownership transfer registration in equal 4027/314080 of each ownership of the instant land on November 7, 2014 (the Changwon District Court Decision 2014Da3033), and its judgment became final and conclusive around that time.

On the other hand, the Defendant completed the procedure of ownership transfer registration on January 21, 2015 with respect to the respective ownership shares of Z, X, and J (total 12081/314080) in F and U, etc., and completed the procedure of ownership transfer registration on behalf of the Defendant around March 16, 2015 with respect to the remaining F and U, etc.

E. On December 23, 2014, the Plaintiff and the Defendant concluded a sales contract that sets forth the sales price of KRW 60 million and sells to the Plaintiff among the instant land at KRW 84567/314080 (the sum of the shares owned by the Defendant in the above two cases).