beta
(영문) 청주지방법원제천지원 2016.04.14 2015가단1266

소유권이전등기말소청구 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff (the original trade name was "the Corporation for the Reorganization of Stock Companies", which was changed to the current trade name on November 11, 2009; hereinafter "the plaintiff") filed a lawsuit against E on September 30, 1997 against the plaintiff around 2004, and was sentenced on December 23, 2005 that "E shall pay to the plaintiff 473,489,237 won and 143,918,021 won per annum 25% per annum from July 2, 2003 to the date of full payment." The above judgment became final and conclusive around that time.

B. As to each real estate of this case, E completed the registration of transfer of ownership on the grounds of sale as of February 28, 2002, and on the same day, Defendant A completed the provisional registration of this case on the grounds of the promise to trade as of May 8, 2002.

C. On January 3, 2012, Defendant A received the instant provisional registration with respect to each of the instant real property from E, on December 29, 2011, the first registration of ownership transfer was made, and on the same day, Defendant B completed the second registration of ownership transfer with respect to each of the instant real property listed in attached Tables 1, 2, and 3 (hereinafter “instant real property”) on December 29, 201, based on sale and purchase as of December 29, 2011, and Defendant C completed the third registration of ownership transfer with respect to the real property listed in attached List 4 (hereinafter “instant real property 4”) on December 29, 2011.

On November 8, 2012, Defendant C made the registration of the establishment of the instant neighboring real estate to Defendant D on November 8, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. On May 8, 2002, the judgment on the primary cause of the claim between the defendant and E as to each of the instant real estate.