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(영문) 서울중앙지방법원 2019.11.20 2019나18708
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A, which orders the following performance, shall be revoked.

Defendant.

Reasons

1. Basic facts

A. The Plaintiffs are those who have invested in a real estate development project promoted by Defendant Company, etc. and completed provisional registration as follows:

B. The Plaintiff B completed the provisional registration of the right to claim partial transfer of ownership on July 2, 2004, No. 6379, which was received on July 2, 2004, as to the first share of the land owned by the Defendant Company, on the ground of the purchase and sale reservation.

The above written promise to purchase and sell is currently lost and nonexistent.

C. On July 13, 2001, No. 6418, the receipt of July 13, 2001, the Plaintiff C completed the provisional registration of the right to claim partial transfer of ownership based on the purchase and sale reservation on July 6, 2001.

The above pre-contract for sale (Evidence A 19) states that "the date of completion of the pre-contract for sale shall be July 5, 2003, and shall be deemed to have been completed as a matter of course without the Plaintiff C's declaration of full completion of sale."

Defendant I is the owner of the third land, and the Defendant Company completed the provisional registration of the right to claim transfer of ownership on January 24, 2002, 1060, which was received on January 24, 2002, with respect to the third land, on January 24, 2002.

Plaintiff

A has completed the provisional registration of the right to claim partial transfer on December 27, 2006, No. 27305, which was received on December 27, 2006, with regard to the third share transfer right claim among the land of the defendant company 3 shares.

E. Defendant J is the owner of 3,370 shares out of the land No. 4. The Defendant Company completed the provisional registration of the right to claim a transfer of all shares on November 1, 2004, issued on November 2, 2004 by the Pyeongtaek District Court No. 23347, which was received on November 2, 2004.

Plaintiff

E With respect to the Defendant Company’s claim for transfer of ownership as to the fourth share, which is a part of the above shares, the Defendant Company’s claim for transfer of ownership was made on September 22, 2005, No. 22762, Sept. 20, 2005, by reason of trade reservation.

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