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(영문) 서울서부지방법원 2020.06.25 2019가합35582
양수금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. D’s acquisition of the right of sale in lots entered into a contract under which the F apartment G (hereinafter “instant apartment”) was purchased from the E Corporation for the purchase price of KRW 362,260,000 from Seongbuk-si, Sungnam-si (hereinafter “instant apartment”) (hereinafter “instant sales contract”).

B. Sub-sale D, in sequence, sold to the Defendants the right to sell the instant apartment in accordance with the instant apartment sales contract (hereinafter “instant right to sell the instant apartment”). The Defendants reselled the instant right to sell the instant apartment to H, and finally H resell sold the instant right to sell the instant apartment to the Plaintiff.

C. On July 13, 2017, the registration of ownership transfer in the name of E Corporation was completed with respect to the instant apartment on July 13, 2017, and on December 19, 2014, the registration of ownership transfer was completed in the name of D on August 4, 2017. (2) On September 7, 2017, the Plaintiff issued a provisional disposition prohibiting the disposal of the instant apartment as the preserved right against D’s “right to claim ownership transfer due to sale” against D as the preserved right.

(C) The Plaintiff filed a lawsuit against D on August 31, 2017 with regard to the instant apartment on the ground of sale on March 31, 2017 (U.S. District Court Decision 2017Kadan61772). (3) The court of first instance in the instant case appears to have acquired the instant right of sale from D, Defendant B, and H on February 12, 2019. However, it cannot be deemed that there was an agreement on the change of the name of the instant right of sale or an interim omission registration agreement on the instant apartment in light of the relevant laws and regulations and regulations and the circumstances prohibited from the instant sales contract, etc.

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