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(영문) 서울남부지방법원 2016.09.23 2016나50967
소유권말소등기 등
Text

1. Revocation of a judgment of the first instance;

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

3. The total cost of the lawsuit.

Reasons

Basic Facts

A. On March 8, 1990, Defendant B completed the registration of ownership transfer under his/her name with respect to each real estate indicated in the separate sheet indicating each real estate (hereinafter “each of the instant real estate”), and on February 4, 2015, Defendant C claimed each of the instant real estate 1.b.

The registration of ownership transfer, such as the entry in the port, was completed.

B. Defendant C’s claim No. 2. A of February 6, 2015 with respect to each of the instant real property stated in paragraphs 1 and 2 of the indication of the attached real property.

On February 11, 2015, the registration of ownership transfer, such as the entry in paragraph (2), and each real estate described in paragraphs 3 through 12 of the same indication, claims No. 2.b. to Defendant E.

The registration of ownership transfer, such as the entry in the port, was completed.

C. Defendant E: (a) on April 7, 2015, purporting to Defendant F of the claim regarding the real estate stated in paragraph (7) of the indication of attached real estate.

On March 12, 2015, the registration of ownership transfer, such as the entry in paragraph (2), and on each real estate described in paragraphs (8) through (12) of the same indication claim No. 2. D to Defendant G.

The registration of ownership transfer, such as the entry in the port, was completed.

[Grounds for recognition] The plaintiff asserted the purport of Gap evidence No. 4-1 to 12, and the purport of the whole pleadings by the plaintiff, on April 19, 195, entered into a contract to purchase each of the real estate of this case from defendant B with the purchase price of KRW 230 million (hereinafter "the sales contract of this case") and paid the purchase price in full. The defendant B is obligated to complete the registration of ownership transfer for each of the real estate of this case to the plaintiff.

Meanwhile, Defendant B and C prepared the document (Evidence A No. 3) stating that the purchaser will provide the document at any time when requested for the transfer of name.

As such, Defendant C, who was well aware of the terms of the instant sales contract, such as preparing a letter with Defendant B, is each of the instant cases with Defendant B.

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