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(영문) 부산지방법원 2017.08.29 2016가단319315
소유권이전등기 말소등기청구
Text

1. The Plaintiff:

A. The defendant B Association shall assist the Busan District Court with respect to the real estate stated in paragraph 1 of the attached list.

Reasons

Basic Facts

Plaintiff

On December 24, 1997 with respect to the real estate listed in paragraph (1) of the attached list No. 1 of the title transfer registration (hereinafter “real estate No. 1 of this case”), the ownership transfer registration was completed in the name of each plaintiff on June 29, 1999 with respect to the real estate listed in the attached list No. 2 of the attached list No. 2 of this case (hereinafter “the real estate No. 2 of this case”).

The Defendant B Association (hereinafter “Defendant Association”) filed a lawsuit against the Plaintiff seeking the registration of ownership transfer due to the restoration of real estate No. 1 in Busan District Court Decision 2015Kadan208865 against the Plaintiff as Busan District Court Branch Decision 2015Kadan20865.

On November 11, 2015, the lower court sentenced the Defendant Association to the effect that “The Plaintiff shall implement the procedure for the registration of ownership transfer on the instant real estate 1 as the reason for the restoration of real name” was not served with the copy, etc. of the complaint against the Plaintiff.

The Defendant Association completed the registration of transfer of ownership on the first real estate of this case as the Busan District Court's Dong Branch on December 21, 2015, received on December 21, 2015.

After that, the Plaintiff filed an appeal for subsequent completion against the above judgment of the first instance, and the Plaintiff’s appeal for subsequent completion was accepted, and the lawsuit was pending in the appellate court by Busan District Court 2016Na43213. On October 21, 2016, the judgment cancellation of the judgment of the first instance court and the judgment dismissing the lawsuit of the Defendant Association on the grounds that the lawsuit was instituted without a legitimate general meeting resolution.

The Defendant Association appealed to the above appellate judgment by Supreme Court Decision 2016Da268145, but the Supreme Court dismissed the appeal by the Defendant Association on January 25, 2017.

The defendant association, which has passed the lawsuit on the second real estate of this case and the registration of ownership transfer, shall seek a registration of ownership transfer against the plaintiff as to the second real estate of this case from the Busan District Court Branch No. 2015Kadan202.

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