logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.12.01 2017가합508906
소유권이전등기
Text

1. On May 14, 2014, the Defendant: (a) on the land indicated in paragraph (1) of the attached list list to the Plaintiff, Seopopopopo District Court.

Reasons

1. Basic facts

A. The Plaintiff is a person running C and D Co., Ltd. (hereinafter “D”), and the Defendant is an employee in charge of accounting, etc. of C and D, and a person living together until November 2015, who was an employee of E and D.

B. With respect to the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) owned by F, G, H, I, and J (hereinafter “F, etc.”) on April 1, 2014, the registration of transfer of ownership in the name of the Defendant listed in Paragraph (1) of the attached Table No. 1 (hereinafter “instant registration of transfer of ownership”) was completed on the ground of sale on April 1, 2014.

C. On August 11, 2015, the registration of the preservation of ownership in the name of the Defendant (hereinafter “registration of the preservation of ownership”) was completed on the buildings listed in [Attachment List 2] on the ground of the instant land (hereinafter “instant building”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The Defendant, as to the defense before the merits, agreed that D would not raise any objection subsequent to the instant case on the condition that D would pay D KRW 272 million to D in connection with the instant case in the instant case on the construction cost case of 2015Gahap16120, which sought payment of the construction cost of the instant building against D (hereinafter referred to as “instant secondary lawsuit agreement”), and accordingly, as the Defendant paid D KRW 272 million to D, the instant lawsuit filed by the Plaintiff, which was filed by D, is unlawful as it violates the instant secondary lawsuit agreement. However, the Plaintiff is not a party to the instant secondary lawsuit agreement, and the Defendant’s prior defense on the merits is groundless.

3. Judgment on the merits

A. The plaintiff asserted that ① the plaintiff purchased the land of this case from F, etc. in KRW 136,00,000 from F, and entrusted his title to the defendant, and Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

arrow