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(영문) 서울중앙지방법원 2021.01.14 2020가단5066714
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On December 24, 2018, the ownership of the real estate indicated in the purport of the claim that the Plaintiff owned (hereinafter “instant land”) was changed due to the purchase and sale on December 10, 2018 (hereinafter “the instant purchase and sale”) before December 10, 2018, Defendant C and D again, on May 23, 2019, the ownership of the real estate was changed due to the purchase and sale on May 4, 2019, and on May 23, 2019, the ownership was changed before the transfer, etc., and on May 23, 2019.

[Ground for recognition] Unsatisfy

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) Defendant B is a partner of the new housing construction project (hereinafter “Do project”) that Defendant B, the Plaintiff’s punishment, is proceeding with the Plaintiff’s I land in Seopo-si.

H In order to extend the lending period of the PF loan to the field of the Jeju-do project, Defendant B, a joint business proprietor, required to consent to the extension of the lending period of the PF loan, and Defendant B demanded to transfer the ownership of the instant land by the completion of the Jeju-do project, instead of obtaining consent from Defendant B.

At the same time, in order to carry out the Jeju-do project, the plaintiff made a request by the defendant B, and inevitably completed the registration of the transfer of ownership of the land of this case in the future of the defendant B.

Therefore, the sales contract of this case is null and void because it is based on a false representation, and the registration of transfer of ownership completed in the future of defendant B should be cancelled by the cause of the invalidation.

2) The registration of ownership transfer in the name of Defendant B, which was null and void, is based on the registration of ownership transfer in the name of Defendant C and D, and the ownership has re-enrolled in the name of Defendant C and D, and the registration of establishment of the right to collateral security has been completed in the future of Defendant E, so these registrations shall also

In addition, May 4, 2019, which is the grounds for registration of the previous class of the ownership of Defendant C and D, and the establishment of the right to collateral security that has been completed in the future of Defendant E Co., Ltd.

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