logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.09.09 2015가단218197
소유권말소등기
Text

1. On June 5, 2013, the Defendant received from the Incheon District Court Seocheon Registry on the real estate stated in the attached list from B.

Reasons

1. Basic facts

A. The Plaintiff filed a claim for reimbursement against B with the Seoul District Court Southern Branch of 96Ga24235, and was sentenced on May 27, 1997, that “B shall pay to the Plaintiff 20,823,560 won and the amount equivalent to 5% per annum from February 7, 1995 to May 27, 1997, and 25% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

B. After that, the Plaintiff filed a lawsuit seeking reimbursement against B in Seoul Central District Court Decision 2007Da66277 Decided September 20, 2007 to suspend extinctive prescription of the claim for reimbursement amount pursuant to the above final judgment, and was sentenced to the same judgment on September 20, 207, and the said judgment became final and conclusive around that time.

C. Meanwhile, on the other hand, on June 14, 2007, the sales contract for the real estate listed in the separate sheet (hereinafter “instant real estate”) was concluded on April 30, 2007 (hereinafter “the instant sales contract”), and thereafter, the registration of ownership transfer was made from C, a seller, on the grounds of the seller’s promise to sell and purchase the real estate under the name of the Defendant, and the provisional registration of the right to claim ownership transfer registration (hereinafter “the instant provisional registration”) was made on June 18, 2007 under Article 53743 of the Incheon District Court Seocheon-gu Office of Registry on the ground of the promise to sell and purchase on April 30, 2007 under the name of the Defendant, and the registration of ownership transfer (hereinafter “instant ownership transfer registration”) was completed on June 5, 2013 under the name of the same registry office as of May 20, 2013.

The Plaintiff filed a lawsuit against the Defendant seeking the cancellation of the provisional registration of this case with the Incheon District Court 2012Kadan20938 (hereinafter “the pertinent prior suit”), and the court of the first instance of the said lawsuit (hereinafter “the instant prior suit”). The completion of the ownership transfer registration in B in relation to the instant sales contract was due to the fact that D and B, a truster, entered into a title trust agreement with B, and accordingly, B, the trustee, was the contracting party, and purchased the instant real estate from C.

arrow