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(영문) 서울중앙지방법원 2018.04.19 2017가합520012
소유권이전등기
Text

1. Defendant D: (a) on February 5, 2014, with respect to each real estate listed in the separate sheet to the Plaintiff, the Seoul Central District Court’s registry office was registered.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents established for the purpose of promoting a housing reconstruction improvement project (hereinafter “instant reconstruction project”) on the area of 33,539 square meters in Dongjak-gu Seoul

Defendant B is the owner of each real estate (hereinafter referred to as “instant real estate”) listed in the separate sheet located in the said reconstruction project zone and the Plaintiff’s member.

B. Defendant C, the spouse of Defendant B, completed the registration of ownership transfer claim under the Seoul Central District Court’s registration No. 21180, May 18, 2007, based on the gift reservation on May 15, 2007.

C. On January 19, 2012, pursuant to Article 46 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 9, 2018; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”), the Plaintiff notified that the period for application for parcelling-out should be extended from January 25, 2012 to February 23, 2012, and that the period for application for parcelling-out will be extended by March 14, 2012.

Defendant C’s transfer of the instant real estate to Defendant D on January 29, 2014 to the Seoul Central District Court No. 27803, Feb. 5, 2014, which was received on February 5, 2014.

On January 29, 2014, Defendant D completed the principal registration of transfer of ownership on the ground of donation on January 29, 2014, which was received on February 5, 2014.

E. Nonparty F and G filed a lawsuit against Defendant D by asserting that the transfer of ownership transfer rights and ownership of the instant real estate constitutes a fraudulent act against Defendant D, etc., and the Seoul Central District Court on July 17, 2015 filed the lawsuit against Defendant C, supra.

The judgment was rendered to comply with the procedure for registration of cancellation of additional registration and ownership transfer registration (2014da82581), and the above judgment is against Defendant D.

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