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(영문) 부산지방법원 2017.07.25 2015가단77836
지분전부이전등기말소등
Text

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

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

Reasons

1. Basic facts

A. On April 30, 1992, B entered into the instant promise to sell and purchase and make a provisional registration therefor, and 3025/200 of the share in the instant dispute (hereinafter referred to as “the share in the instant dispute”) among D and Seo-gu Busan Metropolitan City C forest land 678m2.

(ii) make the reservation to trade in this case (hereinafter the reservation to trade in this case).

(2) On May 4, 1992, B entered into a provisional registration of the right to claim ownership transfer (hereinafter referred to as the "provisional registration of this case") with the Busan District Court No. 660, Busan District Court's receipt of the registry office of Busan District Court.

3) B and D agreed on April 30, 1993 as of the date of the completion of the sale and purchase as of April 30, 1993 at the time of the said promise, and upon the expiration of the said completion date, D’s intent to complete the sale and purchase was naturally concluded even without the Plaintiff’s declaration of intent to complete the sale and purchase. (B) On July 22, 2005, the Plaintiff was transferred the Plaintiff’s loan claim against B by Korea Mutual Savings Bank upon a decision to transfer a contract by the Financial Supervisory Commission on October 29, 2008, and as of October 29, 2008, “B et al. was jointly and severally transferred to the Plaintiff and severally paid the Plaintiff the amount of KRW 1,335,660,019 and damages for delay as to KRW 249,178,242 among them, and the above judgment became final and conclusive by the appeal period and its final and conclusive.

2) On the other hand, on February 13, 2006, Busan District Court rendered a provisional attachment order of KRW 100,000,000 with respect to the share in the dispute in this case upon the Plaintiff’s application, and on the 15th of the same month, the provisional attachment registration was completed in accordance with the above provisional attachment order. (C) D on November 12, 2012, transferred the right to claim ownership transfer of the share in this case registered with the Defendant on November 14, 2012, transferred the right to claim ownership transfer of the share in this case registered with the Defendant on November 14, 2012.

2) On November 14, 2012, the Defendant purchased and sold the shares in the dispute (the sale price of KRW 48,000,000).

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