logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.10.18 2017가합25448
가등기 및 소유권이전등기말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

On July 2012, the Plaintiff filed a lawsuit against Suwon District Court No. 2012Gahap15025 against the Plaintiff seeking the payment of unjust enrichment, etc., and the lower court, the appellate court, referred the case to the conciliation in Seoul High Court No. 2013Na4623, and “C shall pay the Plaintiff KRW 82,158,100 and delay damages therefor,” which was the final and conclusive decision of compulsory conciliation, was issued on January 22, 2014, and the said decision became final and conclusive on February 13, 2014.

On August 2, 2007, the provisional registration of the right to claim ownership transfer was made on August 2, 2007 with respect to each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) that was owned by C, such as the registration of ownership transfer in

(hereinafter “Provisional Registration of August 2, 2007.”). The Defendant completed a supplementary registration before the provisional registration of the above claim for ownership transfer registration on December 5, 2012 with respect to the instant real estate.

(hereinafter “Supplementary registration as of December 5, 2012”). Since then, the Defendant completed the registration of ownership transfer based on the said provisional registration on March 10, 2017.

hereinafter referred to as "transfer registration of ownership on March 10, 2017".

【Ground for recognition】a fact that there has been no dispute, and Gap’s 1 through 5 (including a tentative number);

hereinafter the same shall apply.

A. Each entry in Eul evidence Nos. 1 through 4, a significant fact in this court, a plaintiff's assertion to the purport of the whole argument, the provisional registration as of August 2, 2007, the additional registration as of December 5, 2012, and the transfer of ownership as of March 10, 2017, are null and void for the following reasons:

Therefore, the Defendant seek against the Plaintiff the additional registration dated December 5, 2012, and the cancellation of the registration of ownership transfer as of March 10, 2017.

① On July 31, 2007, C entered into a sales contract with D on July 31, 2007 with a conspiracy or false representation, and completed provisional registration on August 2, 2007. The Defendant transferred the right under this provisional registration and completed the registration of ownership transfer as of March 10, 2017.

Therefore, the above provisional registration and transfer of ownership are all registered on the basis of invalid sales contract.

arrow