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(영문) 서울중앙지방법원 2014.06.26 2013가단194715
소유권이전등기말소 등
Text

1. As to the Plaintiff with respect to the size of 532 square meters prior to D, Gangwon-do Iron-gun:

A. Defendant B shall have the iron registry office of the District Government District Court on January 2008.

Reasons

1. Basic facts

A. E was granted a building permit in order to newly build a multi-household house on the ground around 1995, while owning 532 square meters (hereinafter “instant land”) prior to the Gangwon-do Steel-gun D.

In December of 1998, multi-household housing was newly built on the land of this case. Since then, the ownership of the land of this case and the name of the owner of multi-household housing on the land of this case was changed to F, G, etc.

B. On the other hand, the name of the owner of the above multi-household house was changed again to Elified Development, H, I, and H (B around June 2006). The ownership of the instant land was changed in order to J (Voluntary Auction on March 20, 200) and the Plaintiff (Sale on October 203).

C. On June 20, 2008, the Plaintiff sold the instant land to Defendant B and received the purchase price after the Plaintiff transferred the ownership transfer registration to Defendant B. However, if Defendant B did not pay the purchase price by September 30, 2008, the Plaintiff made an agreement that mainly made the sales contract null and void and immediately reinstate the ownership transfer registration (hereinafter “instant agreement”) and completed the ownership transfer registration (hereinafter “the first transfer registration”) to Defendant B as the date of receipt on July 3, 2008 with the Seoul District Court’s registration office (hereinafter “the first transfer registration”).

Of the agreement of this case, the part related to this case is as shown in attached Form d.

However, Defendant B did not pay the purchase price to the Plaintiff after the lapse of September 30, 2008, which was the time limit for the payment of the purchase price. On September 7, 2009, Defendant B completed the ownership transfer registration (hereinafter “the second transfer registration of this case”) with the title registration No. 10668, which was received on September 7, 2009, to Defendant C, who is the chair, based on the purchase and sale as the cause of registration.

E. Meanwhile, at the time of March 16, 201, the Defendants are the nominal owner of a multi-household house on the instant land.

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