조정 무효확인의 소
1. The instant lawsuit shall be dismissed.
2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.
1. Basic facts
A. On January 17, 2002, the Plaintiff was awarded each bid for D 481.4 square meters and E large 482.1 square meters, respectively.
B. On February 18, 2002, the Plaintiff entered into a sales contract with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) that was constructing a building on each of the lands listed in the above paragraph (a) with respect to the F building, which is a neighborhood living facility of eight floors of the above ground reinforced concrete structure, (hereinafter “instant real estate”).
C. On May 19, 2005, the Plaintiff filed a lawsuit against the non-party company seeking the ownership transfer registration of the instant real estate by Suwon District Court 2005Gahap8333, and was sentenced on June 22, 2006 to the effect that “the non-party company shall implement the procedure for ownership transfer registration for the instant real estate transaction on February 18, 2002 to the Plaintiff,” and the above judgment became final and conclusive on July 10, 2008 after filing an appeal and final appeal.
On the other hand, on September 15, 2015, the Defendant filed an application for the registration of ownership transfer against the non-party company for the registration of ownership transfer concerning the instant real estate with the Incheon District Court 2015 M2064, and on October 28, 2015, the voluntary conciliation was concluded to the effect that “the non-party company shall implement the procedure for the registration of ownership transfer for each transfer agreement as of the instant real estate to the Defendant on July 12, 2014, January 7, 2015, and May 23, 2015.”
(hereinafter “instant conciliation”). After that, between November 17, 2015 and January 28, 2016, the Defendant completed the registration of ownership transfer for reasons of the conciliation protocol prepared in the instant conciliation procedure as to 55 houses, part of the instant real estate.
[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1-1, 2, 2-1 through 3, 15-1, 2, and 17, and purport of the whole pleadings]
2. The non-party company is obligated to transfer the ownership of the real estate of this case to the plaintiff through the conciliation of this case, although the non-party company is obligated to do so.