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(영문) 수원지방법원안산지원 2014.12.18 2014가합4436
제3자이의
Text

1. The Defendant’s enforcement of the Suwon District Court Decision 201Gahap4510 Decided September 27, 2012, concerning Nonparty C and D.

Reasons

1. Basic facts

A. On July 7, 2005, the Plaintiff entered into a sales contract with Nonparty E with respect to the real estate listed in the separate sheet (hereinafter “instant building”) owned by himself, agreed to complete the registration of ownership transfer with respect to the instant building in the name of Nonparty E and the Plaintiff, and completed the registration of ownership transfer with respect to the instant building on July 29, 2005.

B. C decided to partially terminate the title trust agreement with E with respect to the portion of 530.71/536.08 out of the instant building, and on March 23, 2007, upon completing the registration of ownership transfer for the said portion as a result of sale on March 5, 2007.

C. E refers to Nonparty D.

On August 28, 2008, the shares were transferred, and the registration of ownership transfer was completed on the grounds of sale. D.

On October 6, 2009, the Plaintiff asserted that each transfer of ownership registered in C and E’s name is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and filed a lawsuit against C and E seeking the implementation of the procedure for the cancellation registration of each transfer of ownership (U.S. District Court Decision 2009Dahap6681), and on October 6, 2009, filed a provisional injunction registration with respect to the building in this case by claiming the cancellation registration as the right

E. On May 13, 2010, Suwon District Court rendered a judgment in favor of the Plaintiff on the purport that C and E comply with the procedure for cancellation of each ownership transfer registration of the instant building. The said judgment became final and conclusive on June 9, 2010 for C and on January 12, 2012 for E.

F. After doing so, the Plaintiff filed a lawsuit seeking implementation of the procedure for cancellation of ownership transfer registration regarding D, for which the registration of ownership transfer was completed with respect to the portion of 530.71/536.08 shares of the instant building from E (U.S. District Court Decision 2010Da34685). The Suwon District Court in the Suwon District Court would implement the procedure for cancellation of ownership transfer registration against D on February 22, 2012.

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