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(영문) 울산지방법원 2015.01.07 2013가단23753
부동산소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant had the obligation to pay the construction price to the Plaintiff. On February 20, 1999, the Plaintiff and the Plaintiff entered into an accord and satisfaction agreement with the content that transferred the ownership of the instant building as indicated in the separate sheet owned by the Defendant (hereinafter the instant accord and satisfaction agreement) instead of partially paying the construction price.

On March 23, 199, the Plaintiff completed the provisional registration of the right to claim transfer of ownership (hereinafter referred to as the “provisional registration of this case”) under its name on the instant building.

B. The supplementary intervenor filed an application against the defendant for the payment order on May 24, 2004 and January 17, 2005 against the defendant, and on June 15, 2004, the payment order issued by the Ulsan District Court 2004Guj2418, Ulsan District Court 2004Guj2418, and on February 4, 2005, "the defendant would pay to the supplementary intervenor 280 million won and delay damages."

C. On August 23, 2012, the assistant intervenor filed a lawsuit against the Plaintiff on behalf of the obligee on behalf of the obligee against the Defendant, and on November 16, 2012, “the Plaintiff shall implement the registration procedure for cancellation of the provisional registration of this case to the Defendant” became final and conclusive by the Ulsan District Court Decision 2012Ga28034.

On August 19, 2013, the Plaintiff filed the instant lawsuit against the Defendant seeking the ownership transfer registration based on the instant payment agreement with respect to the instant building. On June 10, 2014, the Defendant had completed the ownership transfer registration under the name of the supplementary intervenor (hereinafter “instant ownership transfer registration”) with respect to the instant building on which the lawsuit is pending.

[Reasons for Recognition] Facts without dispute, Gap 1, 6, Eul 1, 2, 3, 6 (including provisional numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1 is liable for the Plaintiff to implement the registration procedure for ownership transfer based on the instant accord and satisfaction agreement regarding the instant building.

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