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(영문) 서울중앙지방법원 2014.04.30 2013가합90643
소유권확인
Text

1. 1/2.2. of each real estate listed in the separate sheet of real estate, the registration of which was completed, as shown in the separate sheet of preliminary notice.

Reasons

1. Basic facts

A. The registration of ownership transfer of each real estate of this case 1) each real estate listed in the separate sheet of real estate (hereinafter “each real estate of this case”).

(2) The registration of ownership transfer was completed on July 27, 2007 under the name of Company B with respect to each of the above real estate on the ground of sale as of July 11, 2007. (2) The registration of ownership transfer was completed on the whole of the instant real estate under the name of Company C on January 28, 2010 on the ground of sale by voluntary auction as of December 23, 2009, on June 7, 2010 under the name of the Plaintiff Bochin Development Co., Ltd. on the ground of the donation as of June 4, 2010.

3) On March 16, 2012, with respect to the portion of KRW 570,552/1,00,000 among each of the instant real estates on March 16, 2012, the ownership transfer registration was completed on the ground of a settlement agreement made on June 4, 2010 under the name of the Plaintiff Bolarp Co., Ltd., and with respect to the portion of KRW 240,191/1,00,000 among each of the instant real estates, the name of the Plaintiff Bolarp Co., Ltd., Ltd., and with respect to the portion of KRW 41,755/1,00,000 among the said respective real estates, the ownership transfer registration was completed on the ground of a settlement agreement made on June 4, 2010 under the name of the Plaintiff Bolarp Co., Ltd. (the remaining portion of

B. (B) On July 6, 2009, the Defendant filed a lawsuit against B (hereinafter “previous lawsuit”) stating that “A corporation, the nominal owner of each of the instant real estate, as of July 6, 2009, when each of the instant real estate was registered, will perform the procedure for registration of cancellation of ownership transfer registration with respect to one-half shares of the instant real estate (the expansion of the purport of the claim after the filing of the lawsuit and eventually became the subject of the entire claim of each of the instant real estate)” (hereinafter “previous lawsuit”).

2) In the course of the previous litigation on July 16, 2009, the pre-announcement registration for cancellation of ownership was completed as to the 1/2 shares of each of the instant real estate as shown in the separate sheet of pre-announcement registration, which remains unrefilled at present. 3) January 29, 2010.

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