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(영문) 청주지방법원 영동지원 2017.03.17 2016가단1266
소유권말소등기 등
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. On July 1, 1995, the Plaintiff and Defendant B’s ownership transfer registration for the instant real estate was completed on the ground of sale on February 11, 1993. (2) Defendant B completed the registration of ownership transfer for the instant real estate which was owned by the Plaintiff as of December 15, 2003, after completing the registration of ownership transfer claim based on a pre-sale agreement as of December 8, 2003. On December 12, 2006, the registration of ownership transfer was completed on the ground of sale as of November 17, 206.

(The above provisional registration and transfer registration were cancelled, and they were restored again. hereinafter, regardless of whether they were cancelled and restored, the registration of ownership transfer in the defendant B's name "the ownership transfer of this case" was made.

C (1) On September 18, 2008, the Plaintiff (C) filed a lawsuit against Defendant B on September 18, 2008, claiming the ownership transfer registration of the total nine real estate including the instant real estate under the Young-dong Branch of the Cheongju District Court (hereinafter referred to as “first-class lawsuit”) filed a lawsuit against Defendant B on September 18, 2008 (hereinafter referred to as “first-class lawsuit”). The Plaintiff (hereinafter referred to as the “first-class lawsuit”) filed a lawsuit against Defendant B on the claim for ownership transfer registration of the total nine real estate including the instant real estate under the Young-dong Branch of the Cheongju District Court (hereinafter referred to as the “first-class lawsuit”).

(2) On November 7, 2008, the above court rendered a favorable judgment in favor of the Plaintiff on the following purport: “The Defendant shall implement each procedure for the registration of ownership transfer on the ground of the completion of the promise for payment in kind on November 9, 2006 each of the nine real estate, including the instant real estate, to the Plaintiff.” The above judgment became final and conclusive on November 27, 2008.

3. C The registration of ownership transfer made on November 9, 2006 due to the completion of accord and satisfaction reservation made on November 18, 2014 according to the final and conclusive judgment of the first preceding lawsuit.

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