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(영문) 부산지방법원 2021.01.12 2020가단1673
소유권이전등기말소등기절차이행
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd. (hereinafter “C”) was the owner of each real estate listed in the separate sheet.

B. On September 2, 2005, the Plaintiff, on August 2, 2005, as the right to claim for the registration of transfer of ownership due to the purchase and sale contract against C, shall be subject to preservation. The Plaintiff completed the registration of the above provisional disposition on September 5, 2005, upon receipt of the disposal decision of each real estate stated in the separate sheet (the Changwon District Court 2005Kahap 584).

(c)

Meanwhile, the Plaintiff filed a lawsuit against C for the registration of transfer of ownership. On July 6, 2011, the appellate court of the said lawsuit ( Busan High Court 2009Na 13934) rendered a compulsory conciliation decision to the effect that “C shall pay to the Plaintiff KRW 1 billion by December 31, 201, but if the said money is not paid by the payment date, it shall be paid by adding 10% per annum from the day following the said payment date to June 30, 2012, and 20% per annum from the next day to the day of full payment,” and the said decision was finalized on July 23, 201.

(d)

D applied for a payment order for design service costs against C (24262, the Busan District Court 2016, the Busan District Court 2016). On October 17, 2016, the above court issued a payment order to D, “C shall pay the amount of KRW 1980,000,000 and the amount of delayed damages.” The above payment order was finalized on November 4, 2016.

E. On August 3, 2017, the Defendant entered into a contract to establish a right to collateral security with a maximum amount of KRW 100 million for each real estate listed in the separate sheet as stated in C, and completed the registration of establishment of the right to collateral security on August 18, 2017.

F. D applied for compulsory auction of real estate on April 21, 2017, with regard to each real estate listed in the separate sheet, with a claim claim based on the above payment order as the claim bond on April 20, 2017 ( Busan District Court E) and decided to commence auction on April 21, 2017. On August 25, 2017, the Defendant applied for voluntary auction of real estate on each real estate listed in the separate sheet based on the above collateral security (F of Busan District Court) and applied for auction on each real estate listed in the separate sheet on August 29, 2017.

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