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(영문) 서울중앙지방법원 2018.01.17 2017가합554947
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. On May 21, 1998, the Plaintiff entered into a sales contract with C on the sales price of KRW 1,238,400,000, down payment of KRW 500,000,000, and the remainder of KRW 738,40,000,000 with respect to the share of KRW 77.4/4 of 84, out of 279 square meters in Jongno-gu Seoul Metropolitan Government B large 279 square meters (hereinafter “instant land”).

Since C did not complete the registration of transfer of ownership pursuant to the above sales contract for the instant land to the Plaintiff, the Plaintiff filed a lawsuit against C claiming the registration of transfer of ownership for the instant land.

On October 26, 2001, the Plaintiff, C, and Bosco Industry Co., Ltd. (hereinafter “Ssco industry”) agreed to transfer the ownership of the instant land to the Bosco industry, and withdraw the lawsuit filed by the Plaintiff against C.

Accordingly, on October 31, 2001, C completed the registration of ownership transfer for the land of this case to Bosco industry on October 31, 2001, as Seoul Central District Court No. 62743, a registry office of Jung-gu, Seoul Central District Court received on October 26, 2001, and the Plaintiff withdrawn the lawsuit claiming for the registration of ownership transfer against C.

On August 24, 2002, the Bosco industry completed the trust registration of the instant land (hereinafter “instant trust registration”) with the Seoul Central District Court No. 50463, which was based on the trust on August 23, 2002, with the Seoul Central District Court’s receipt of a registry office of the Seoul Central District Court, on August 24, 2002.

The Bosco industry paid 1,238,400,000 won to C around September 2006, but the Bosco industry received ownership transfer on October 31, 2001 for the redevelopment project’s convenience. Therefore, the Bosco industry paid 1,238,40,000 won to the Plaintiff by December 31, 2006 and did not resolve the provisional disposition registration completed with D, etc. on the instant land.

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