Claim against the defendant is unlawful because there is no preserved claim.

The plaintiffs' claim against the defendant is unlawful because there is no preserved bond, so long as the plaintiffs' claim for transfer of ownership is not accepted, since there is no preserved bond.

2010Gahap48016 Registration, etc. for cancellation of ownership

Lee Dong-A 4 others

ParkBB and 20 others

January 18, 2013

February 8, 2013

1. 이 사건 소 중 피고 박CC， 이DD， 이EE， 임FF， 차GG， 김HH， 김II， 이JJ， 유KK， 주식회사 LLL하우징， MM， 이NN， 대한민국， 광명시， 이PP， 주식회사 QQ은행에 대한 청구 부분 및 피고 망 이RR의 소송수계인 VV에 대한 주위적 청구 부분을 각 각하한다.

2. The plaintiffs' claims against the defendant ParkB, KimS, KimT, and KimU, and the ancillary claims against V, which are the water meter of the defendant net E-R, are dismissed, respectively.

3. The costs of lawsuit are assessed against the plaintiffs.

Main purport of the claim

1. Defendant ParkB, KimS, KimT, and KimU

(1) As to each real estate listed in the separate list (hereinafter referred to as "real estate", "second real estate", "second real estate", and "the real estate in which all the above real estate is completed" as stated in the separate list, and "the real estate in this case"), the registration of ownership transfer completed under No. 9072 of the receipt on February 7, 2002, and the registration of ownership transfer completed under No. 9072 of the title registration office for the first real estate, and the registration of ownership transfer completed under No. 22 of the title No. 3,719 of the title No. 3,719 of the title No. 22 of the title No. 3,719 of the title No. 396.7 of the title No. 1208, Nov. 12, 2008.

(2) V, the litigation of Defendant RR, was completed on January 9, 2003 by the same registry office with respect to the instant real estate, and the transfer of ownership, which was completed on January 9, 2003 as No. 1435.

(3) With respect to the portion of 165/3719 of the immovable property, Defendant AD shall have the provisional registration of the right to claim partial transfer of ownership, completed on May 2, 2003 by the same registry office, and shall have the ownership transfer registration completed on September 26, 2003 by the receipt No. 65410 of the same registry office as of September 26, 2003.

(4) Defendant EE shall register the provisional claim for partial transfer of ownership, which was completed on May 2, 2003 by the same registry office as of May 2, 2003, the provisional claim for partial transfer of ownership, which was completed on November 6, 2003 by the same registry office, and the registration of partial transfer of ownership completed on November 6, 2003 by the same registry office as of November 6, 2003, and the registration of partial transfer of ownership, which was completed on November 2, 2003 by Defendant EE from among the first real property, 3,719 of the shares owned by Defendant Kim H No. 22, No. 3,719 of the 3,719 of the shares in 3,719 of the 3,719 of the shares in

- Other

(5) With respect to the portion of Defendant FF 1’s portion 165% of the portion owned by Defendant DD No. 11 of the first real property, the number of equipment, such as partial transfer, etc. of ownership completed at No. 65411 of the receipt of September 26, 2003 by the same registry office.

(6) With respect to the portion of the portion of the ownership transfer claim under Section 65837 of September 29, 2003 with respect to the portion of the portion of the ownership transfer claim completed under Section 65837 of the same registry office as of September 29, 2003 with respect to the portion of the portion of the portion of the portion of the portion of the portion of the portion of the portion of the portion of the portion of the portion of the portion of the real property

(7) As to the portion of the net RR No. 8 of the real property A, 3,719 of the 3,719 shares in the 3,719 3,719 shares in the 3,719 3,719 shares in the 296.7 shares in the 1st real property, Defendant Kim H shall register the provisional claim for partial transfer of the ownership as of August 17, 2007, and the provisional claim for ownership transfer as of August 30, 2008, which was completed under No. 44292,

(8) With respect to the portion of the first real estate owned by Defendant EE No. 3,719, Defendant Kim II, the number of the equipment for partial transfer, etc. of ownership completed under the receipt No. 6150, Feb. 10, 2004, as to the portion of the first real estate owned by Defendant EE No. 3,719

(9) With respect to the portion of the first real estate owned by Defendant J 3,719/3,719/3,719 of the shares No. 8, the third,719 of the shares in the 3,719/49/19 of the shares in the 3,719, Defendant J 53805 of the receipt on October 26, 2005, and

(10) Defendant UkK’s partial transfer registration of ownership, which was completed at No. 17627 on March 7, 2006, with respect to the portion of 3,719/79/719 of the shares of 667.9/7,00 of the shares of No. 8 of the Real Estate A, 743.8.

(11) The defendant corporation LLLwn Co., Ltd. shall carry out the registration of provisional seizure completed under No. 9116 of the receipt of February 13, 2007 with respect to the shares owned by the net ER No. 8 of the first real property and the shares owned by the second real property.

(12) The shares held by the Defendant MM in the deceased No. 8 of the first real estate and the shares held by the deceased MM in the second real estate in the provisional attachment registration completed on July 14, 2008 by the same registry office and completed on July 14, 2008.

(13) The shares owned by the deceased R No. 8 of the first real estate and the second real estate are included in the registration of the decision to commence compulsory auction completed on September 2, 2008 by the same registry office as of September 2, 2008.

(14) With respect to shares owned by the deceasedR No. 8 of the first real estate, the defendant's registration of seizure completed on September 8, 2008 by the same registry office No. 44255 and April 9, 2009 and completed on April 11504 of 2009, and the registration of seizure completed on April 9, 2009 No. 115043 of the receipt of April 9, 2009.

(15) As to the shares owned by Defendant Kim H-H No. 22 of the first real estate, the registration of seizure completed on January 8, 2009 by the same registry office and completed on January 8, 2009 by the receipt of No. 634 of the same registry office with respect to the shares owned by the deceased Kim H-H, No. 22 of the first real estate, and as to the shares owned by Gap-gu No. 8, the registration of seizure and the second real estate completed on December 16, 2008 by the same registry office, each registration of seizure completed on January 16, 2008 and completed on January 6, 2034 of the receipt of the same registry

(16) As to the portion of the portion of the portion of the portion of the portion of the portion of the first real property Gap owned 3,719-3,719-1,506 3,719-3,719 of the portion of the portion of the portion of the 3,719-3, 289-3, the defendant Lee Won-won District Court's decision to commence voluntary auction under the 2009-gu Seoul District Court's decision to start voluntary auction under the 12973, April 21, 2009 of the same registry office, and the registration of the decision to start voluntary auction under the 2009-gu Seoul District Court'

(17) 피고 주식회사 QQ은행은 이 사건 부동산에 관하여 같은 등기소 2003. 1. 9. 접 수 제1436호로 마친 근저당권설정등기 및 접수 제1437호로 마친 지상권설정등기 의

Each cancellation registration procedure shall be implemented.

2. Defendant ParkB, KimS, KimT, and KimU shall receive KRW 000 from the Plaintiffs, while implementing the registration procedure for transfer of rights to the real estate of this case to the Plaintiffs on December 30, 2001 (the claim 2 of the complaint appears to be 00 won in error).

Preliminary Claim

V, a lawsuit acceptance of Defendant RR, pays to the Plaintiffs 000 won and 20% interest per annum from the date of delivery of a copy of the application for modification of the instant preliminary claim to the date of complete payment.

1. Basic facts

A. The land before subdivision was originally owned by Nonparty 5,142 square meters (hereinafter referred to as “land before subdivision”) in Gwangju-si OO 000 miscellaneous land, and on April 20, 1983, the registration of ownership transfer was completed on April 18, 1983 under the name of Nonparty Y General Construction Co., Ltd. (which was a Z house construction corporation at the time, but was changed to a Z house construction corporation on December 20, 191 and changed to a Y General Construction Co., Ltd. on November 4, 2003; hereinafter referred to as “Y General Construction”).

나. 분할전 토지는 2000. 7. 31. 제1， 2부동산으로 분할된 다음 위 각 토지에 관하여 2002. 2. 7. 피고 박CC 명의로 2001. 12. 30. 매매를 원인으로 한 소유권이전등기가 마쳐진 것을 비롯하여 주위적 청구취지 제1의 (1) 내지 (17)항 기재와 같이 피고 5. 박장 수 내지 피고 21. 주식회사 QQ은행 명의의 소유권이전등기 등이 마쳐졌다.

C. Non-party Kimb has died on January 3, 2003, and his wife, Defendant ParkB and his wife jointly succeeded to the property of Non-party Kimbb. Meanwhile, the Plaintiffs are co-inheritorss of the above Parkbc as their wife and children.

[Grounds for Recognition] The non-contentious facts, Gap evidence 1 to 4, and the whole purport of the pleading

2. The plaintiffs' assertion

(a) The primary claim

1) On October 2001, the lower court concluded a sales contract with the intent to purchase the instant real estate orally for KRW 200,000, net Kim b and 000.

2) However, Defendant GambCC actively recommended that the instant real estate be sold to Gamb, concluded the instant real estate sales contract on December 30, 201, and completed the registration of ownership transfer in the future, and the said sales contract constitutes double selling and thus null and void as it constitutes anti-social legal act.

3) Accordingly, the Plaintiffs, co-inheritors of the net Park c, who are co-inheritors of the deceased Kimb, receive KRW 000 from the Plaintiffs for payment of KRW 00,00,00 from the Plaintiffs, and seek to implement the procedures for registration of cancellation of each of the registrations listed in Article 1-1 (1) through (17) of the primary claim that is invalid by subrogationing the defendant ParkB, KimS, Kim TT, and KimU.

(b) Preliminary claim

On June 8, 2010, when the lawsuit of this case was pending, the Network ER agreed to pay KRW 000 to the plaintiffs on June 8, 2010, the representative of the plaintiffs Parkdd and the plaintiffs on the condition that the plaintiffs withdraw the lawsuit of this case. As such, V, which is the lawsuit of Defendant ER, is obligated to pay the above agreed amount to the plaintiffs.

3. Judgment as to the main claim

A. The plaintiffs asserted that he purchased the real estate of this case from the deceased Kimbb on October 2001, and filed a claim of this case in this case, and as to whether the contract was concluded between the deceased Park c and the deceased Kimbb, it is not sufficient to recognize it, and there is no other evidence to acknowledge it.

B. Therefore, the plaintiffs' claims against Defendant ParkB, KimS, KimT, and KimU are without merit, and as long as the plaintiffs' claims for ownership transfer registration against the above Defendants are not recognized, the plaintiffs' claims against Defendant ParkCC, etc. are unlawful due to the absence of preserved claims.

4. Judgment on the conjunctive claim

A. According to the overall purport of Gap evidence No. 15 and arguments, and on June 8, 2010, when the lawsuit of this case was pending between the representative Parkddd and the network Lee RR, the plaintiffs shall fully withdraw the lawsuit of this case on the date of the request by the network Lee RR, and upon receiving the written withdrawal of the lawsuit, the network RR shall pay 00 won to the plaintiffs. ② The network ER is recognized to have prepared an agreement that sells shares of this case among the real estate of this case and pays 00 won to the plaintiffs on the following day of the receipt of the balance.

B. However, the instant agreement, on the other hand, has to pay the amount to the plaintiffs under the condition that the plaintiffs withdraw the instant lawsuit, and even after the lapse of two years and six months since the formation of the instant agreement, unless the plaintiffs withdraw the instant lawsuit, it cannot be deemed that the conditions of the instant agreement have been fulfilled, and it cannot be deemed that the networkR has the obligation to pay the amount under the instant agreement to the plaintiffs.

C. Therefore, there is no reason to believe that the plaintiffs' preliminary claim against V, which is the lawsuit taking over of the defendant's marine RR, is without merit.

5. Conclusion

그렇다면 이 사건 소 중 피고 박CC， 이DD， 이EE， 임FF， 차GG， 김HH， 김ii， 이JJ， 유KK， 주식회사 LLL하우징， MM， 이NN， 대한민국， 광명시， 이PP， 주식회사 QQ은행에 대한 청구 부분 및 피고 망 이RR의 소송수계인 VV에 대한 주위적 청구 부분은 부적법하므로 이를 각하하고， 원고들의 피고 박BB， 김SS， 김TT，김UU에 대한 청구 및 피고 망 이RR의 소송수계인 VV에 대한 예비적 청구는 모두 이유 없으므로 이를 기각하기로 하여 주문과 같이 판결한다.