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(영문) 인천지방법원 2020.10.29 2019가단233026
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Of the Incheon District Court’s receipt registry office of Incheon District Court on November 20, 2013, the registration of ownership transfer was completed on November 12, 2013 under the Defendant’s name as to the share of 20/10 of the 100 square meters of Incheon District Court, 1022 square meters of land, 4858 square meters of D forest, 789 square meters of forest land, 1069 square meters of forest land, 1069 square meters of F forest land, and 827 square meters of G forest land (hereinafter “each of the instant land”).

B. On May 27, 2014, the Plaintiff completed the registration of ownership transfer with respect to part of 20/21 of the shares of Defendant (10627/167) due to the sale on the same day. On August 21, 2015, the Plaintiff completed the registration of ownership transfer with respect to the remaining shares acquired by H from the Defendant on the ground of sale on August 20, 2015, under Article 23383 of the same registry office, with respect to the remaining shares acquired by H from the Defendant.

C. On September 15, 2015, the Plaintiff completed the registration of ownership transfer based on sale on the same day as the receipt by the same registry office No. 25882, Sept. 15, 2015.

On October 5, 2004, the pre-announcement of ownership cancellation was completed on the ground that the Defendant filed a lawsuit with the Seoul Southern District Court (2004da65002) on October 5, 2004 with respect to the share of 20/21 of each of the instant real estate acquired from Nonparty I.

E. On November 3, 2005, with respect to the case of Seoul Southern District Court 2004Gadan65002, which is the cause of the pre-announcement of ownership cancellation registration, the above court rendered a judgment on November 3, 2005 that “I shall implement the procedure for cancellation registration of ownership transfer registration completed on December 13, 1994 with respect to one-half portion of each real estate of this case to the Plaintiff.”

F. On January 25, 2019, the Plaintiff paid KRW 36,000,000 to J in return for the cancellation of the aforesaid advance notice registration, and on January 25, 2019, the said advance notice registration was cancelled.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. The plaintiff's ground for claim

A. The Plaintiff is in the process of cancelling the instant pre-announcement registration.

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