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(영문) 광주지방법원 순천지원 2017.01.12 2016가단2844
가등기말소등기절차이행 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On November 6, 1990, D completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) based on the purchase and sale promise made on November 5, 1990, as to each real estate listed in the separate sheet owned by Defendant A (hereinafter “the instant real estate”) under Article 8058, which was received by the Gwangju District Court’s Netcheon Branch Branch Office (hereinafter “former Branch Office”).

B. On April 20, 2005, the Plaintiff filed an application for provisional attachment with respect to the instant real estate with respect to KRW 13,545,160 as the preserved bond and completed the provisional attachment registration (hereinafter “registration of provisional attachment”) by the former registry office No. 3367 on April 21, 2005.

C. On June 15, 2005, Defendant A, based on the provisional registration of this case, filed a transfer registration of ownership based on sale and purchase on June 2, 2005 (hereinafter “the principal registration of this case”) with respect to the real estate of this case as the former registry office received on June 15, 2005, and accordingly, the provisional registration of this case was revoked ex officio.

As to the instant real estate, Defendant A completed the provisional registration of the right to claim ownership transfer on June 15, 2005, which was the date of the instant principal registration, as the receipt of the former registry office on June 15, 2005, Defendant B, one of his wife on June 14, 2005, and Defendant B, on November 28, 2008, registered the principal registration based on the said provisional registration as the receipt of the said registry office on November 28, 2008, and completed the registration of ownership transfer on September 14, 2012, the Defendant C, which was the Plaintiff under Article 6030 of the receipt of the said registry office, on September 7, 2012.

(hereinafter “each subsequent registration of this case”). E.

The Plaintiff filed a lawsuit against D with the Seoul Central District Court No. 2013Gapo631607, Aug. 30, 2013 to file a lawsuit for the claim for the amount of transfer income with the Seoul Central District Court and calculated on Aug. 30, 2013 at the rate of 20% per annum from February 5, 2013 to the date of complete payment with the Plaintiff as to KRW 24,639,093 and its KRW 7,646,207.

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