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(영문) 서울고등법원 2015.09.24 2015나2014233
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The provisional registration of the instant land, the principal registration, and the cancellation of the Plaintiff’s transfer registration, etc., are as follows: (a) New IS Co., Ltd. (hereinafter “New IS”)

(2) On September 6, 2002, the Defendant awarded the instant land and completed the registration of ownership transfer on the same day. (2) On the same day, the Defendant completed the registration of ownership transfer in the future of the Defendant with respect to one-half shares of the instant land, and completed the provisional registration of the right to claim a transfer of all shares in the Defendant’s future (hereinafter “the provisional registration of this case”) with respect to the remaining shares of 1/2 of the new IS (the shares 235.4/470.8; hereinafter “new IS shares”).

3) Subsequent to ① on November 13, 2002, the registration for partial transfer of shares was completed in the Plaintiff’s future (hereinafter “registration for transfer of Plaintiff”) with respect to the shares 3.058/470.8 of the shares in the New IS SS shares on November 13, 2002

(2) On November 27, 2002, 101.171/235.4 / 201.4 / 202.8 / 202.8 / 202.342 (33.058)/470.8 / 16.53/4708 shares of a foreign bank / 16.53/4708 / 16.08 shares of the foreign bank / F in the future, 16.53/470.8 shares of the foreign bank / F, 16.53/470.8 shares of the G, respectively, / 2002: (a) the provisional registration of the right to claim partial transfer of shares based on the reservation for sale was completed on November 25, 2002 (hereinafter referred to as "provisional registration of D, F and G".

A) On the other hand, H acquires the F’s right to a provisional registration, and on May 12, 2003, entered into a supplementary registration prior to the provisional registration of the right to claim partial transfer of shares (hereinafter “H’s provisional registration”).

4) On December 5, 2002, the Defendant completed the principal registration on the basis of the provisional registration of this case (hereinafter “the principal registration of this case”), and the Plaintiff’s transfer registration and D, F, and G provisional registration were revoked, respectively.

(Seoul Central District Court Order 2004Ra167). (b)

After the cancellation and restoration registration, etc. of the principal registration based on provisional registration, the plaintiff, D, etc. filed a lawsuit against the defendant on behalf of the new IS in lieu of the new IS (Seoul Central District Court No. 2003Gahap12859, Oct. 16, 2008).

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