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(영문) 서울북부지방법원 2012.12.20 2011가합12303
소유권이전등기말소 등
Text

1. The part of the claim filed by the Appointor A among the instant lawsuits shall be dismissed.

2. B B B B B between the Appointor F and the Defendant:

A. Defendant.

Reasons

1. Basic facts

A. G’s acquisition of the instant real estate and trust in a multilateral real estate trust (hereinafter “new environment development”) on November 7, 2001 purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from the new Environment Development Co., Ltd. (hereinafter “new environment development”) on November 7, 2001, and completed the registration of ownership transfer under its own name on March 17, 2005, and receive loans of KRW 8,00,000,000 from Pusung Mutual Savings Bank (hereinafter “Pung Mutual Savings Bank, etc.”) for the payment of purchase and sale balance, and on the same day, completed the registration of ownership transfer for the instant real estate from Puhan Mutual Savings Bank, Inc., Ltd. (hereinafter “Mung Mutual Savings Bank, etc.”) on the same day on March 16, 2005.

B. A provisional disposition established on August 24, 2006 on the instant real estate 1) Defendant E’s right to preserve the instant real estate on August 24, 2006 as the right to claim the cancellation of ownership transfer registration due to the revocation of fraudulent act, and the provisional disposition prohibiting disposal (hereinafter “Defendant E’s provisional disposition”).

(2) On August 6, 2009, the Defendant Republic of Korea received a decision and completed the preliminary injunction registration on August 28, 2006. (2) The provisional injunction (the competent authority's high tax office; hereinafter referred to as "provisional injunction") against disposal was issued on the same day by taking the right to be preserved as the right to claim the cancellation of ownership transfer registration due to termination of trust contract based on the obligee's subrogation right as the right to claim the cancellation of ownership transfer registration due to termination of trust contract based on the obligee's subrogation right.

3. The cancellation of the trust with respect to the real estate in this case on December 16, 2009 by Seoul Special Metropolitan City.

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