소유권말소등기
The plaintiff's lawsuit is dismissed.
At the request of the successor intervenor, the defendant shall make 1/2.0 of the real estate listed in the attached list to E.
1. Facts of recognition;
A. On May 17, 2018, the Plaintiff: (a) received the claim for a loan from F Co., Ltd. for E; (b) filed a lawsuit against E with the Seoul Central District Court 2018 Ghana152985; and (c) was sentenced on May 17, 2018 to the effect that “E shall pay to the Plaintiff KRW 4,443,800, and damages for delay for payment of KRW 3,300,000,” and the said judgment was finalized on June 15, 2018.
B. On April 10, 2020, the Plaintiff transferred the above credit to the succeeding intervenor, and notified it to E.
C. E and D purchased each real estate listed in the separate sheet on March 12, 2009, and completed the registration of ownership transfer on March 25, 2009 with respect to each of the 1/2 shares on March 25, 2009. The Defendant, E and D’s mother, on April 3, 2009, completed the registration of co-owners’ right to claim transfer of all shares on April 13, 2009 due to trade reservation.
(B) The provisional registration of the right to claim ownership transfer with respect to E’s share is called “the provisional registration of this case”).
Of the instant real estate, the registration of provisional attachment was completed with respect to E shares in each of the instant real estate, creditors G Co., Ltd (Seoul Central District Court 2017Kadan102589, claim amount of KRW 9,338,924), H Co., Ltd. (Seoul Central District Court 2018Kadan435, claim amount of KRW 50,404,733), and I Co., Ltd. (Seoul Central District Court 2019Kadan806459, claim amount of KRW 5,980,721), and J Co., Ltd. (K of Incheon District Court on February 14, 2019, and the Plaintiff was subject to a compulsory decision to commence compulsory auction with the Incheon District Court on May 9, 2019. On July 10, 2019, the Plaintiff was issued a decision to prohibit provisional attachment as the Incheon District Court 201Kadan10401.
E. The Defendant completed the principal registration of transfer of ownership based on the provisional registration of this case (hereinafter “instant principal registration”) under the Act No. 371708, Oct. 2, 2019, which was received on October 2, 2019 from the Incheon District Court, due to the sale and purchase on September 26, 2019.
F. E does not have any property other than each of the instant real estates.