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(영문) 서울북부지방법원 2018.12.04 2018나945
전세금 반환
Text

1. The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On May 25, 2004, G and eight other (hereinafter “Co-owners”) entered into a contract with Defendant C on May 25, 2004 with regard to the construction of new apartment units with a total of 18 households on the ground of H land in Gangnam-gu Seoul Metropolitan Government, and on March 29, 2005, the Defendant C agreed to pay nine households, including 401 units of the above apartment units (hereinafter “instant apartment units”) as the substitute for the construction cost.

B. On June 20, 2006, Defendant B agreed to purchase the instant real estate in lieu of repayment on May 17, 2005 after lending money to Defendant C, and was subject to a provisional disposition prohibiting disposal (the right to preserve: the right to claim ownership transfer registration based on the sales contract, the obligee: Defendant B; hereinafter “provisional disposition”) as Seoul Northern District Court Decision 2006Kadan3040 on June 20, 2006, and the said decision was recorded on June 23, 2006 (hereinafter “the provisional disposition”).

C. In addition, on January 25, 2007, the registration of preservation of ownership of the real estate in the name of co-owners was completed due to the entrustment of the registration of provisional disposition in this case.

On the other hand, Defendant B filed a lawsuit claiming the execution of the procedure for ownership transfer registration of the instant real estate with the primary Defendant and Defendant C as the primary Defendant and the primary Defendant C (Seoul Northern District Court 2007Gahap3166) and sentenced on December 5, 2007 to the effect that “Defendant C shall implement the procedure for ownership transfer registration for the instant real estate on May 17, 2005 with the Plaintiff (Defendant B).”

E. However, from July 23, 2012 to December 31, 2012, E acquired shares in the instant real estate from co-owners and owned them solely, and transferred them to F on November 18, 2013.

F. After that, on October 31, 2016, Defendant B registered the registration of ownership transfer of E and F completed the instant real estate on the basis of the instant provisional disposition decision, and the payment in substitutes as of March 29, 2005 in the future of Defendant C.

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