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(영문) 서울남부지방법원 2015.05.14 2013가합17521
소유권말소등기
Text

1. The Plaintiff:

A. Attached Form

1. The shares of Defendant B and C in each real estate listed in the real estate list, and the shares of Defendant D are 1/12, and the shares of Defendant D are 2.4/12.

Reasons

1. Facts of recognition;

A. The plaintiff and E are attached Form owned by the plaintiff on February 3, 2009

1. Each real estate indicated in the real estate list (hereinafter “instant real estate”) and E-owned Fran-si, Ansan-si, the members of the Nowon-si, the fourth floor No. 401, and the Gangwon-do Crossing-gun, the G owned, concluded a contract to exchange the H land (hereinafter “instant exchange contract”) (hereinafter “the Plaintiff and E added the subject matter of exchange”).

B. On April 2, 2009, the Plaintiff handed over the instant real estate to E and paid KRW 60 million for the difference between the exchange value. On May 13, 2009, the Plaintiff completed the provisional registration of the right to claim ownership transfer on the ground of the purchase promise on May 6, 2009 (hereinafter “the provisional registration of this case”).

C. Defendant B, C, and D are annexed hereto.

2. On April 5, 2010, the provisional registration of this case was completed in the additional registration of partial transfer of shares, as stated in the provisional registration list, and the Defendant Ori-Ba Co., Ltd. (hereinafter “Defendant Ori-Ba”) completed the provisional registration of this case under the order of provisional attachment against the Plaintiff on April 5, 2010 (Korean Government District Court 2009Kahap1052), and the provisional attachment registration was completed under the order of 1170 of receipt of the Macheon District Court’s Macheon District Court’s receipt of Macheon District Court.

In accordance with the instant exchange contract, the Plaintiff’s obligation to transfer ownership of the subject matter of exchange to the Plaintiff becomes impossible to perform due to voluntary auction, G lawsuit, etc., and the Plaintiff agreed to substitute for the subject matter of exchange and to add the obligation to pay money to the Plaintiff, but the Plaintiff filed a registration suit for cancellation of the instant provisional registration against E who is not performed (Seoul Southern District Court 201Gahap21298), and “E in the appellate court on April 15, 2015, even though it did not have the intent or ability to transfer the ownership of the subject matter of exchange to the Plaintiff under the instant exchange contract, i.e., the ownership of the subject matter of exchange, would transfer its ownership.

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