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(영문) 서울고등법원 2019.11.13 2019나2002474
소유권말소등기
Text

1. The plaintiff's appeal and the plaintiff's selective claims against the defendant B and C added in the trial are all dismissed.

2...

Reasons

1. Basic facts

A. On December 26, 2003, the Plaintiff completed provisional registration and ownership transfer registration with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) between F and F. The Plaintiff is the Plaintiff’s each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

) A sales contract was concluded to purchase KRW 6.1 billion for each real estate of this case. Thereafter, the Plaintiff entered into a provisional registration of the right to claim ownership transfer (hereinafter “provisional registration No. 1”) under the name of Jung, the Plaintiff’s seat of the Plaintiff, the Republic of Korea District Court, the Namyang District Court No. 130427, Dec. 27, 2003.

A) On the other hand, on February 9, 2005, the Plaintiff concluded a contract to transfer the claim for construction price, etc. that F had with respect to the settlement of the balance of each of the instant real estate in the manner of purchasing KRW 200 million, and agreed at the same time to perform the obligation under the above contract to transfer the claim and the obligation to transfer the ownership of each of the instant real estate. (ii) The provisional registration No. 1 in the name of G was transferred to E Co., Ltd. (hereinafter “E”) on the ground of the transfer on December 28, 2004, and the principal registration in the name of E was completed as of March 15, 2005 on the same day by the receipt of the Namyang District Court of the Republic of Korea District Court of the Republic of Korea on the same day.

On the other hand, H, which practically operated E, borrowed KRW 50 million from I and completed the provisional registration of the right to claim ownership transfer registration under the name of I on May 17, 2005 (hereinafter “the provisional registration of this case”) under the same registry office No. 47690 on May 17, 2005.

3) On March 27, 2007, the provisional registration of the instant case was made by J Co., Ltd. (hereinafter “J”).

(2) On March 4, 2008, the deceased K (hereinafter referred to as “the deceased”) was transferred to Korea.

(3) The registration of ownership transfer under the name of the deceased was transferred in the name of the same registry office as of the same day, and the registration of ownership transfer under the above provisional registration is based on the foregoing provisional registration (hereinafter “instant registration”).

4) J on March 4, 2008, as to each of the instant real estates, L, Co., Ltd.

In the future.

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