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(영문) 수원지방법원 2014.05.20 2012가단101509
원인무효로인한 소유권이전등기말소등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Attached Form

same as the description of the purport of the claim.

1. Each real estate listed in the separate list of claims concerning the cause of the claim (hereinafter “instant real estate”) is 11 units consisting of 3 Dong (101, 111, 102 Dong) (11, 102 Dong), 101, and 111, contracted construction to Defendant B as the owner of the building and D.

In addition to 10 households (in addition to 101 and 102, each 2 households from the 4th floor to the 4th floor), a plaintiff succeeded to the status of the above construction contract from D to D's creditor, five households were newly constructed on the ground of the plaintiff's material and effort.

However, Defendant B filed a lawsuit claiming ownership transfer registration (U.S. District Court 2009Ga4056) against the Defendant on September 17, 2009 on the whole of the instant building including the instant real property, which was not subject to a payment contract by public notice, and received a favorable judgment on September 17, 2009.

Since then, the plaintiff filed a subsequent appeal (Seoul High Court 2009Na109097), but the appeal was dismissed on August 27, 2010, and the appeal (Supreme Court 2010Da78814) was dismissed on January 13, 2011, and the judgment of the first instance court became final and conclusive around that time.

Based on the above final judgment, Defendant B completed the registration of ownership transfer as stated in paragraph (1), and completed the registration of ownership transfer under Defendant C’s name on the same day as stated in paragraph (2) of the same claim, and Defendant C completed the registration of ownership transfer under Defendant C’s name as stated in paragraph (3).

Therefore, the ownership transfer registration under the name of Defendant B was owned by the Plaintiff with respect to the instant real estate.

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