(영문) 서울서부지방법원 2014.06.27 2014가합55

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(영문) 서울서부지방법원 2014.06.27 2014가합55

배당이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (i) On November 28, 2005, the Plaintiff entered into a real estate lease agreement with Nonparty C on a fixed period of December 16, 2005 to December 15, 2007, and KRW 150 million as to the D apartment Nos. 1301 (hereinafter “instant apartment”) in the name of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with Nonparty C (hereinafter “instant apartment”), and paid the down payment of KRW 15 million at the time of the contract and the remainder of KRW 135 million to be paid on December 16, 2005.

The plaintiff received the fixed date on December 6, 2005 from the above contract, and the plaintiff paid the remainder on December 14, 2005 and moved into the apartment of this case. The plaintiff completed the move-in report at that time and resided there from that time until the closing date of the argument of this case.

B. (1) The apartment of this case was agreed to receive payment in kind from the non-party E-building improvement project association (hereinafter “non-party E-building improvement project association”), the first owner of which was the non-party E-building construction company (hereinafter “the non-party E-building project association”). However, on July 14, 2005, the non-party union and C did not have concluded a sales contract for the apartment of this case with the non-party union on July 14, 2005 without the consent of Jinjin Construction, the registration of ownership transfer for the apartment of this case was completed in the name of July 27, 2005 on the ground of sale as of July 14, 2005 without the consent of Jinjin Construction.

(F) On May 29, 2009, F was convicted of the crime of occupational breach of trust (hereinafter “F”). Sheet Construction filed a lawsuit against the non-party union and C, etc. for the cancellation of the registration of transfer of ownership in the name of the above C’s name and the registration of transfer of ownership in the name of Jin Construction under the name of the Incheon District Court Decision 2008Gahap3847. The above court held on May 29, 2009 that the registration of transfer of ownership in the name of C was null and void due to the lack of a causal relationship. Therefore, C performs the procedure for cancellation of the above registration to the non-party

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