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(영문) 부산지방법원동부지원 2015.09.25 2015가단203983
소유권이전등기
Text

1. The plaintiff's primary claim is dismissed, and the preliminary claim is dismissed.

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

Reasons

1. Basic facts

A. On June 10, 2013, the Defendant concluded a sales contract with the Defendant on June 10, 2013 with respect to one-half share of each of the real estate listed in the separate sheet with the Plaintiff’s debtor B and his wife C, and completed the registration of ownership transfer with respect to the real estate listed in the separate sheet on June 11, 2013. (2) On August 11, 2014, the Defendant completed the registration of ownership transfer with respect to the real estate listed in the separate sheet with the Busan District Court’s 120,000,000,000 won with respect to the real estate listed in the separate sheet as Busan District Court’s 78216, Busan District Court’s 78216, supra, and completed the registration of the creation of the collateral security (hereinafter

B. On August 18, 2014, the Plaintiff filed a lawsuit seeking revocation of fraudulent act against the Defendant and the final decision of recommending reconciliation against the Defendant (i) the sales contract as of June 10, 2013 with respect to 1/2 shares of the real estate listed in the separate sheet between the Defendant and B on August 10, 2014 is revoked. 2. On June 11, 2013, the Defendant claimed against the Defendant that “B shall implement the procedure for cancellation of ownership transfer registration, which was completed on June 11, 2013 as to 1/2 shares of the real estate listed in the separate sheet, as the purport that “B shall implement the procedure for cancellation of ownership transfer registration, which was completed on June 11, 2013 as to 1/2 shares of the real estate listed in the separate

(2) On November 13, 2014, the above court issued a ruling of recommending reconciliation with the purport that “The Defendant shall implement the procedure for registration cancellation of ownership transfer registration that was completed as of June 11, 2013 with respect to 1/2 shares in the real estate listed in the separate sheet to B,” and the above ruling of recommending reconciliation was finalized on December 2, 2014.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1, 3, and 6, the purport of the whole pleadings

2. Judgment on the legitimacy of the primary claim

A. After the registration of ownership transfer was completed with respect to the real estate stated in the attached list of the plaintiff's assertion, the third party who has an interest in the registration of the establishment of the mortgage of this case shall be the mortgagee of this case.

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