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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2013.07.25 2012가단5130399
소유권이전등기
Text

1. Defendant D, F:

A. Each real estate listed in the separate sheet 7, 12, and 16 to the Plaintiff Sami Industries Co., Ltd.

Reasons

1. Basic facts

A. On November 15, 2007, with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Defendant B, the provisional registration of the right to claim transfer of ownership was completed on the same day under the name of I on the same day.

B. On November 22, 2007, J received a provisional attachment decision of KRW 956,296,063 (the above court Order 2007Kadan51294, Nov. 26, 2007) from the Sungnam Branch of Suwon District Court as to the instant real estate, and completed the entry registration of the provisional attachment order on November 26, 2007.

C. In addition, on June 27, 2008, J received a provisional disposition order against the above I, who is the provisional registration holder, to prohibit the disposal of real estate as the right to be preserved (the above court Order 2008Kadan512, hereinafter "the provisional disposition in this case"), and completed the registration of the entry in the provisional disposition on the same day.

With respect to the above provisional registration in the I’s name concerning the instant real estate, the additional registration prior to the provisional registration was completed on June 4, 2010 due to transfer in the name of G on the same day. On May 19, 201, the ownership transfer registration based on the said provisional registration was completed on the grounds of sale on the same day in the name of G, the title holder of the provisional registration, and on June 13, 2011, with respect to each of the pertinent real estate stated in the purport of the claim among the instant real estate, the ownership transfer registration was completed on the grounds of sale on May 19, 201 in the name of the Plaintiffs.

E. Meanwhile, on June 4, 2010, the principal registration based on the provisional registration was completed in the above G name on June 4, 2010, the entry of the provisional seizure decision upon application by J, and the establishment registration of the remainder of the Defendants’ names was revoked ex officio by the registry official.

F. The J, on June 22, 2011, concluded with I as Seoul Southern District Court 201Gadan49534, Seoul Southern District Court, on the ground that the pre-sale reservation entered into with I by Defendant B and Fymsan Cymble (hereinafter “Fysan Cymble”) constitutes a fraudulent act.

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