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(영문) 서울중앙지방법원 2019.10.29 2018가단5198311
소유권이전등기
Text

1. The plaintiff E's action against the defendant I shall be dismissed.

2. Defendant H Co., Ltd.:

A. Attached list to the Plaintiff A.

Reasons

1. We examine whether the lawsuit against the defendant Eul by the plaintiff Eul is legitimate or not, ex officio, as to the legitimacy of the lawsuit against the defendant Eul by the plaintiff Eul.

Plaintiff

E is acknowledged to have completed the registration of transfer registration on March 28, 2001 after Defendant I acquired the above right to transfer ownership from Defendant I on March 15, 2001 and completed the registration of transfer of the above right to transfer ownership on March 28, 2001. However, according to each description in the Evidence Nos. 4-5 and 6-5, Defendant I completed the registration of transfer right on November 25, 199 as to the real estate stated in the Attached List No. 5, Defendant I completed the registration of transfer right on November 13, 199 as to the real estate listed in the Attached List No. 5.

2. Judgment on the merits

A. The facts of recognition 1) Defendant H Co., Ltd. and Defendant K K Co., Ltd, in attracting investments from the Plaintiffs, concluded a pre-sale agreement with the Plaintiffs on the pertinent real estate indicated in the order to preserve investment funds, and completed provisional registration of the Plaintiffs’ right to claim partial transfer of ownership, provisional registration, or right to claim partial transfer of ownership transfer. 2) The date of completion of the pre-sale agreement as mentioned in the order, had already arrived before the instant lawsuit was instituted, and the Defendants are the owners at the time of each provisional registration or right to claim transfer of ownership as stated in the order.

[Ground of recognition] Defendant H Co., Ltd and Defendant K Co., Ltd.: Service by publication (Article 208(3)3 of the Civil Procedure Act): Defendant J: (Article 150(3) of the Confession (Article 150(3) of the Civil Procedure Act); Defendant L, M, N: Each of the items of evidence No. 4-3 of the evidence No. 4-6-3, and the purport of the whole pleadings; and (2) the aforementioned facts of recognition are as indicated in the Disposition against the Plaintiffs.

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