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(영문) 수원지방법원안양지원 2014.02.05 2013가단308
가액배상
Text

1.(a)

The sales contract concluded on February 6, 2012 between the Defendant and C with respect to the real estate listed in the separate sheet is 87,110.

Reasons

1. Basic facts

A. On July 29, 2005, D completed the registration of ownership transfer for three parcels, such as land F, and its ground buildings (hereinafter “instant building”) on the ground of the same date donation while under title trust to E, who is the shape of D on July 29, 2005, and E completed the registration of ownership transfer for the shares of 530.71/536.08 out of the instant building on March 23, 2007, on the ground of sale as of March 5, 2007, G completed the registration of ownership transfer for the said shares on August 28, 2008 with respect to the shares of 530.71/536.08 on the same date.

B. However, on August 17, 2009, D filed a lawsuit seeking the implementation of the procedure for registration of cancellation of ownership transfer on the ground that the title trust agreement on the above three parcels of land and buildings on the E and the above three lots of land is null and void, and each ownership transfer registration based thereon is null and void. On May 13, 2010, the above court sentenced D on May 13, 2010 to the effect that "D, in relation to the above three parcels of land and buildings on the above three parcels of land, G will implement the procedure for registration of cancellation of ownership transfer as to the share of 530.71/536.08 among the instant buildings, and the above judgment was wholly finalized on January 12, 2012.

(Seoul High Court 2010Na66042, Supreme Court 2011Da35371). C.

In addition, on September 7, 2010, D filed a lawsuit seeking the implementation of the procedure for the registration of cancellation of ownership for the same reason as the above paragraph (b) with the Suwon District Court Branch Branch of 2010da34685, and the above court rendered a judgment on February 22, 2012 that “C shall implement the procedure for the registration of cancellation of ownership transfer for shares of 530.71/536.08 shares of the instant building to D” and the above judgment became final and conclusive on January 24, 2013.

(The District Court 2012Na11676, Supreme Court 2012Da86888) d.

The Plaintiff was awarded a successful bid on February 22, 2010 and completed the registration of ownership transfer in its name on the same day, and on June 14, 201, E and C, the title holder of the instant building, which is the above ground building, shall be the Defendant.

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