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(영문) 수원지방법원안양지원 2014.05.28 2012가단23458
소유권이전등기 말소등기 절차 등
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C Co., Ltd. is KRW 398,090,000 from the Plaintiff.

Reasons

1. Claim against Defendant B and claim against Defendant D

A. The Plaintiff’s assertion (1) E Co., Ltd. (hereinafter “E”) acquired the ownership of the real estate listed in the separate sheet 3, 4, and 6 (hereinafter “instant 3, 4, and 6 real estate”). Pursuant to the agreement between Defendant B and the former representative director, the registration of each transfer of ownership recorded in the purport of the claim stated in the name of Defendant B is null and void as a collusion and anti-social behavior. As such, each transfer of ownership recorded in the purport of the claim stated in Defendant B’s name is null and void for the above reasons, since the registration of transfer of ownership in the name of Defendant B, which was completed with respect to the instant 3 real estate, becomes invalid for the above reasons, the registration of the purport of the claim stated in the name of Defendant D Co., Ltd. (hereinafter “Defendant D”) should also be deleted as a cause null and void.

(2) Defendant C Co., Ltd. (hereinafter “Defendant C”) has the right to claim the transfer registration of ownership regarding each real estate listed in the separate sheet to E, and the Plaintiff is the purchaser who purchased each real estate listed in the separate sheet from Defendant C, and has the right to claim the transfer registration of ownership regarding each of the above real estate. Therefore, in order to preserve the claim, the Plaintiff sought the cancellation of each transfer registration as described in the purport of the claim against Defendant B and Defendant D.

B. (1) The lawsuit of this case filed by Defendant B and Defendant D on the grounds that the lawsuit of this case constitutes the same lawsuit as the case No. 201Gahap9056, which was filed earlier, and the lawsuit of this case is not appropriate.

(2) The lawsuit filed against the debtor on behalf of the creditor of the relevant legal doctrine is pending, and if the third party files a lawsuit against the same debtor on behalf of the creditor, the above two lawsuits are the same as the lawsuit in substance, even if they differ.

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