소유권이전등기 말소등기 절차 승낙의 소
1. The Defendant shall have jurisdiction over the Plaintiff with respect to two-thirds of the two-thirds of the total area of 1,217 square meters in Dongcheon-si.
1. Facts of recognition;
A. The Plaintiffs, as the heir of the deceased H (Death on October 27, 2007), donated 2/3 of the 1,217 square meters (hereinafter “instant real estate”) to a medical corporation I according to H’s intent after completing inheritance registration with respect to the two-thirds of the 1,217 square meters (hereinafter “instant real estate”). On April 22, 2008, the registration of ownership transfer in the name of medical corporation I was completed.
B. Plaintiff A, B, C, and D filed a lawsuit seeking the cancellation of the instant gift contract and the cancellation of ownership transfer registration on the instant real estate by asserting that medical corporation I did not comply with the terms and conditions (Seoul Northern District Court Decision 2012Dadan15012) and the Plaintiffs filed an application for provisional injunction on disposal of the instant real estate with regard to the right to claim the cancellation of ownership transfer registration due to the cancellation of the gift contract as the preserved right. On August 14, 2013, the said application was accepted and the provisional injunction on disposal of the instant real estate was completed on the same day (Seoul Northern Northern District Court Decision 2013Kadan4912).
C. The Defendant filed an application for provisional attachment on the instant real estate with the claim amounting to KRW 12,870,000 against I by a medical corporation. On September 13, 2013, the application was accepted and the provisional attachment (Seoul Northern District Court 2013Kadan555) was completed on the same day.
On February 22, 2013, the Seoul Northern District Court Decision 2012Kadan15012, on February 22, 2013, the Seoul Northern District Court rendered a judgment that “I, a medical corporation, shall implement the procedure for registration of cancellation of ownership transfer registration completed on April 22, 2008 with respect to the instant real estate to the Plaintiff A, B, C, and D.”
Medical Corporations I appealed against the above judgment, but the Seoul Northern District Court 2013Na2199.