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(영문) 의정부지방법원 2017.05.26 2016가합53852
말소승낙의 의사표시를 구하는 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. C: (a) Of the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1”), with respect to the share of 441.41/4,11.75 of the real estate listed in the attached Table No. 441.41/4,11.75, the Government Registry of the District Court of Kubu District as of June 1, 1999; (b) with respect to the share of 3,670.34/4,11.75 of the same registry as of the receipt of June 1, 199; (c) with respect to the share of 61.49/344 of the real estate listed in the attached Table No. 2 of the attached Table No. 44850, Jun. 1, 1999; and (d) with respect to the share of 100/757 of the real estate listed in paragraph (3) of the attached Table No. 3 of the same registry as the receipt of the share of 40.4. 599.

(B) The sum of the real estate in the name of the above C is "the instant real estate" and the sum of the registrations of ownership transfer in the name of the above C is "the instant registration of ownership transfer".

On September 7, 2006, the Defendant received a provisional attachment against C on the first real estate by the Seoul Central District Court Decision 2006Kadan80278, 61.49/34 shares among the second real estate, and 100/757 shares among the third real estate (hereinafter “provisional attachment”). The provisional attachment registration was completed as of September 12, 2006 by the Government Registry of the Jung District Court’s District Court’s receipt No. 83796 on September 12, 2006.

C. Meanwhile, the Plaintiffs filed a lawsuit against C seeking cancellation of the ownership transfer registration of this case against the former owners of the instant real estate, and the judgment ordering C to implement the procedure for registration of cancellation of ownership transfer registration of this case became final and conclusive on the grounds that C did not dispute this.

(Reasons for Recognition) The Government Branch of the Seoul District Court No. 2002Gahap1847, 2012Gahap70750). / [Grounds for Recognition] The fact that there is no dispute, Gap evidence No. 1-3, Gap evidence No. 2-1-2, Gap evidence No. 2-2, and the purport of the whole pleadings.

2. The plaintiffs' assertion

A. The Plaintiffs completed the registration of ownership transfer of this case to C according to the agreement with Nonparty D and E.

However, the above agreement is a separate clause.

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