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(영문) 전주지방법원 2019.08.29 2015가단9822
소유권이전등기 등
Text

1. Defendant B limited liability company: (a) on the real estate stated in the attached list to the Plaintiff, the cause of sale on February 1, 2013 is limited to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant limited liability company B (hereinafter “B”) is an executor who newly constructed and sold the “E apartment” in YY-gu Seoul Special Metropolitan City.

B. Around December 12, 2012, Defendant B entered into a payment contract with F Co., Ltd. (hereinafter “F”), whereby F newly built the above E apartment, and Defendant B entered into a payment contract with F to transfer F the ownership of 7 households, including the above E apartment G (hereinafter “instant apartment”) in lieu of the payment of the remainder.

C. On the other hand, around October 20, 2012, F entered into an accord and satisfaction contract with the ownership of the instant apartment in lieu of the payment of the construction cost to Nonparty H, and Defendant B and H entered into a sales contract with the seller on the same day, Defendant B and H on the same day, and the buyer H on the instant apartment.

After that, around February 1, 2013, H entered into a payment contract with the Plaintiff in lieu of the payment of KRW 154.5 million to the Plaintiff, and transferred the status of the person holding the ownership of the apartment in this case to the Plaintiff. Defendant B approved that the company’s name was affixed to the certificate of succession to the rights and obligations of the apartment in this case stating the above contents.

E. On March 27, 2014, Defendant B made a registration of initial ownership of the instant apartment on the same day, and on the same day, the registration of initial ownership was completed in addition to the prohibition of “this house shall not be subject to the establishment of a limited real right to transfer the relevant house or any act of restricting ownership, such as seizure, provisional seizure, provisional disposition, etc., unless it has obtained the consent of the prospective occupants” (hereinafter “instant additional registration”).

In addition, regarding the apartment of this case, KRW 116.4 million, the debtor, the debtor, and the mortgagee, the mortgagee, shall be the defendant C.

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