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(영문) 인천지방법원 2018.12.18 2017가합58488
소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation that acquired the ownership of the instant real estate on the ground of sale by voluntary auction on December 17, 2015 (hereinafter “instant auction”) in the name of “C” in the real estate listed in the attached Table 1 list (hereinafter “instant real estate”).

B. The Plaintiff’s real estate acquisition process, etc. 1) The Plaintiff’s land and buildings indicated in Schedule 2. and 3. of Attached Table 1 (hereinafter “instant land”) on July 20, 2009, respectively, and “the instant building” and “the instant building.”

Corporation D (hereinafter referred to as “D”)

(2) At the time of the sale of the pertinent real estate, the Plaintiff and D completed the registration of ownership transfer on October 30, 2009, the Plaintiff and D agreed to complete the registration of ownership transfer on the instant land and buildings before D was paid the purchase price, but the Plaintiff agreed to receive the said land and buildings as security and pay the purchase price by October 30, 2009.

However, as the Plaintiff failed to pay the purchase price properly, D notified the Plaintiff on September 26, 201 of the cancellation of the above contract, and the said contract was lawfully rescinded.

However, even until the Defendant acquired ownership of the instant land and building on December 17, 2015, the registration procedure for cancellation of ownership transfer registration under the Plaintiff’s name was not implemented.

3) Meanwhile, through a voluntary auction on July 8, 201, the Plaintiff acquired the ownership of the land listed in Appendix 1 List 1. C. D on June 16, 2005, in order to conduct a public bath business after acquiring the ownership of the instant land and building on June 16, 2005, extended the instant building, which was the first second floor by November 27, 2008, to the third floor, and changed its major purpose to the first class neighborhood living facilities (public bath) in the factory, and on the entire certificate of the registered matters of the instant building, such extension and change of the purpose of use as above.

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