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(영문) 서울북부지방법원 2017.07.07 2016가단13120
건물명도등
Text

1. The Defendants jointly do so to the Plaintiff

(a) deliver the real estate listed in the annex;

(b)14,923,838 Won and its corresponding;

Reasons

1. Facts of premise;

A. The title registration of E was completed on February 10, 2004 at the request of the court on co-registration (i.e., the co-registration (hereinafter “401”), including the Intervenor, etc., for co-ownership registration (hereinafter “401”) and the 19 households on the ground of Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

The Fund of Dollamamam Saemaul completed the provisional disposition registration for prohibition of disposal (hereinafter referred to as the "provisional disposition registration for prohibition of prior disposition") by making the right to claim the registration of ownership transfer according to the payment agreement or the security transfer agreement on the date of the above registration as the right to be preserved.

Defendant A and F, despite the existence of the above provisional disposition registration, have completed the registration of ownership transfer with respect to 1/2 shares on June 3, 2004, etc. (hereinafter “Defendant A, etc.”).

B. In order to execute the right to a provisional injunction against the preceding injunction against the registration of the provisional injunction against the transfer of ownership (i.e., In order to obtain the right to obtain the provisional injunction against the second injunction against the violation of the right to obtain the provisional injunction against the violation of the right to obtain the repayment of the principal and interest of the debt, the Seoul Central District Court filed a lawsuit against E with the Seoul Central District Court 2004Gahap56610.

on April 5, 2005, "E shall perform the procedure for the registration of ownership transfer on the ground of an accord and satisfaction agreement on May 15, 2003 with respect to 401 by the above court," which was the winning judgment of the court below, and the above judgment became final and conclusive around that time.

On June 8, 2005, the joint registration of the Intervenor A, etc., which conflict with the registration of the provisional disposition prohibiting the preceding disposition, was cancelled on April 13, 2017 due to the invalidation of the provisional disposition prohibiting the preceding disposition.

With respect to each share of the above co-ownership registration without cancellation, registration of transfer of ownership of the Seocho Saemaul Fund (hereinafter referred to as "registration of transfer of ownership") has been completed due to payment in kind in accordance with the above final judgment.

Applicant 401, Inc., hereinafter referred to as Spotech.

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