logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원(춘천) 2017.04.05 2015나2565
소유권말소등기
Text

1. The part against Defendant B and C in the judgment of the first instance shall be revoked.

2. The plaintiff's main action against the defendant B is the plaintiff's main action.

Reasons

1. Basic facts

A. On February 24, 2010, Defendant B purchased KRW 22,512 square meters of forest E in Gangwon-do (hereinafter “instant forest”) from G in KRW 100 million, and completed the registration of transfer of ownership with respect to the instant forest by the Chuncheon District Court’s Crossing Branch No. 3186, Mar. 4, 2010.

B. On April 19, 2010, Defendant C purchased the instant forest land from Defendant B from the purchase price of KRW 200 million (in the event of a contract, the balance of KRW 180 million shall be paid, respectively, on April 30, 2010) (hereinafter “instant purchase reservation”), and completed the provisional registration of transfer of ownership claim on the ground of the instant trade reservation (hereinafter “the instant provisional registration”).

C. Defendant C paid each of the remainder KRW 180 million to Defendant B on April 20, 2010, and KRW 180 million on April 26, 2010.

On January 10, 2013, Defendant B paid KRW 50 million to Defendant C.

E. Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) filed an application for provisional seizure of real estate (2014Kadan428) with respect to the instant forest land, etc. with the Defendant’s claim for indemnity amounting to KRW 249,458,00 against the Defendant in the Chuncheon District Court. On March 18, 2014, the said court rendered a provisional seizure order (hereinafter “provisional seizure order of this case”), and on the same day, the provisional seizure registration was completed in the instant forest.

F. On May 12, 2014, the Plaintiff purchased the forest land of this case from Defendant B in KRW 200 million (hereinafter “instant sales contract”) and completed the ownership transfer registration based on the instant sales contract (hereinafter “instant transfer registration”) with the Chuncheon District Court’s Crossing Registry No. 15463, Jul. 11, 2014.

The terms and conditions of the instant sales contract include the following:

1. The buyer will take over the amount of the provisional registration debt of the defendant C and D as KRW 150 million.

2. The provisional attachment of the Seoul Guarantee Insurance.

arrow