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(영문) 서울중앙지방법원 2020.10.28 2019나55882
소유권이전등기말소 청구의 소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff and the social welfare foundation D (hereinafter “foreign corporation”) purchase each of the instant real estate (hereinafter “each of the instant real estate”) listed in the separate sheet (hereinafter “the instant real estate”) on August 17, 199 by the Plaintiff and the social welfare foundation D (hereinafter “the Plaintiff”). The Plaintiff purchased each of the instant real estate constituting the fundamental property of the non-party corporation from the non-party corporation on August 17, 199, and from the non-party corporation, KRW 78 million. The down payment amount is KRW 5 million on August 31, 1999 on the date of entering into the contract, intermediate payment 25 million on August 31, 1999, and the remainder amount is paid on October 15, 1999, and at the same time, the registration of ownership transfer for each of the instant real estate was completed. The non-party corporation shall prepare documents necessary for the registration of transfer for each of the said real estate and cooperate with the registration procedure (hereinafter “the instant sales contract”).

(2) According to the instant sales contract, the Plaintiff paid each of the KRW 5 million to the non-party corporation on August 17, 1999 and the intermediate payment of KRW 25 million on August 31, 1999.

3) However, on October 15, 1999, the remaining payment date under the instant sales contract was not made, or the transfer of ownership under the Plaintiff’s name was not registered. Since then, the Plaintiff paid to the non-party corporation the purchase and sale amount of each of the instant real estate, which was KRW 10 million on May 24, 2002, and KRW 30 million on October 27, 2009, respectively. 4) The Plaintiff filed an application for the injunction against disposal of each of the instant real estate with the right to claim ownership transfer registration based on the instant sales contract as the preserved bond and received a provisional injunction order as of July 16, 2013, and the registration of provisional injunction was completed as of July 17, 2013 with the registration office of the non-party corporation as the receipt of the provisional injunction.

5 The plaintiff filed a lawsuit against the non-party legal entity claiming the transfer registration of ownership under the Mayang-gu District Court 2014Kahap53875, and the above court on May 20, 2015, "the non-party legal entity is 1.

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