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(영문) 수원지방법원 2015.10.06 2015가단26975
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) D purchased 6,410 square meters in response to the wife population C (hereinafter “instant real estate”) and completed the registration of ownership transfer under the name of E on July 15, 1997. F and G completed the registration of ownership transfer on February 21, 1998 with respect to each of the instant real estate on each of the instant real estate on 1,158/6,410.

(2) On July 27, 1998, the Plaintiff completed the provisional disposition registration on July 29, 1998 (hereinafter “the provisional disposition registration of this case”) on the portion of 1,024/6,410 out of the shares of 4,094/6,410 in relation to the instant real estate.

B. (1) On November 19, 1999, H completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) with respect to E’s share 4,094/6,410 of the instant real estate among the instant real estate on November 19, 199, in order to secure D’s monetary claim. The additional registration of the provisional registration transfer on the ground of the transfer of right to the instant provisional registration was completed in the future of December 11, 2006, and again was completed in the future of the JJ on September 12, 2007.

(2) As to E’s share 4,094/6,410 of the instant real estate, the Plaintiff completed the registration of creation of a collateral on October 26, 2006, the maximum debt amount of KRW 300 million, and the establishment of a collateral on October 26, 2006, the obligor E (hereinafter “mortgage”). The Defendant shall be deemed as the registration of ownership transfer on October 26, 2006, for sale on October 26, 2006 (hereinafter “instant sales contract”).

A) Upon completion of the instant sales contract, the Defendant confirmed that there was no obligation against the Plaintiff on the basis of the instant provisional disposition from the business D and E, and confirmed that there was no obligation against the Plaintiff on the basis of the instant provisional disposition. C. (1) The Plaintiff asserted that, on March 10, 1998, E agreed to complete the registration of ownership transfer with respect to shares of 1,024/6,410 out of the instant real estate, and filed a lawsuit seeking the registration of ownership transfer against Suwon District Court No. 2006Da105470.

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