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(영문) 서울중앙지방법원 2018.09.18 2018가단5049235
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. In Seoul Central District Court Decision 2005M14607 (2005Gahap93555), in the case of implementation of the procedure for ownership transfer registration, etc., the following Between the Plaintiff (Plaintiff), E (Defendant), and F (Mediation Intervenor) on May 1, 2006:

The contents of the conciliation as mentioned in paragraph (1) are established, and around that time, the conciliation protocol was entered.

B.1. As to the Plaintiff F, the Intervenor F

(a) the transfer registration of shares completed on July 27, 2005 in accordance with No. 15197 of receipt on July 27, 2005 with respect to one-fifth share of the real property listed in Attached List No. 1;

B. Each procedure for the cancellation of each registration of the transfer of shares completed under No. 81649 on August 3, 2005 with respect to shares of one fourths of each immovable listed in No. 2 and No. 3 of the Schedule No. 3 shall be implemented.

2. On May 1, 2006, the Defendant shall implement provisional registration procedures for preserving the right to claim for transfer registration of ownership against the Plaintiff on each real estate listed in the separate sheet.

3. Upon completing the registration of ownership transfer or the registration of ownership transfer under the name of the Defendant, the Defendant shall implement provisional registration procedures for preserving the Plaintiff’s right to claim ownership transfer registration on May 1, 2006, with respect to the second floor of H shopping mall, which is currently being newly constructed in Seoul, Jung-gu, and 20 parcels (16,8630,000 won/type of business).

4. However, if the plaintiff dies, each provisional registration right in the name of the plaintiff on each real estate listed in the separate sheet and H shopping mall 2nd floor listed in the adjustment clause (3) of H shopping mall listed in the separate sheet shall not be inherited to the plaintiff's heir, but shall be bequeathed to the defendant, and the defendant shall implement the procedure for cancellation registration of each provisional registration in the name of the plaintiff.

5. The costs of lawsuit and the conciliation clause shall be borne by each person.

“”

C. Pursuant to paragraph (2) of the conciliation protocol, the Plaintiff on the ground of conciliation as of April 2, 2009, No. 31542, May 1, 2006, with respect to the portion of 1/2 of the D preceding 8364 square meters in Nam-si, Namyang-si, the holder of E’s title.

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