logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 정읍지원 2017.03.23 2016가단873
소유권이전등기말소등기 등
Text

1. Defendant A shall support the Plaintiff with respect to each real estate listed in the separate sheet of real estate.

Reasons

1. Determination as to the claim against Defendant A

A. On November 16, 2012, the judgment of the previous District Court 2012Na3428, which included the following: “The Plaintiff shall be paid KRW 16,66,67 from Defendant A, and at the same time, the Plaintiff shall implement the procedure for the registration of ownership transfer for the instant real estate on July 25, 2008 (hereinafter “previous judgment”) was rendered to Defendant A on the following grounds: (a) each real estate listed in the list of real estate in which the claim was indicated (hereinafter “instant real estate”) was originally owned by the Plaintiff; and (b) the said judgment became final and conclusive after it was rendered.

However, even though Defendant A did not perform the obligation to pay KRW 16,66,67 to the Plaintiff without the presiding judge’s order, the execution clause was granted in the previous judgment, and accordingly, the registration of ownership transfer was completed in Defendant A’s name on March 4, 2016.

The above execution clause and the expression of intent on the application for ownership transfer registration of the plaintiff who is deemed as the result thereof are null and void. Since the registration of ownership transfer of the real estate of this case completed in the name of the defendant A without any cause is null and void, the above transfer registration of ownership shall be cancelled.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment based on the deeming that the relevant provisions of Acts apply);

2. Determination as to each claim against Defendant B and Kim Jong-soo Forestry Cooperatives

A. On November 16, 2012, in the previous Jeju District Court 2012Na3428 on the registration of ownership transfer, “the Plaintiff shall be paid KRW 16,66,67 from the Defendant to the Defendant at the same time,” and the above judgment became final and conclusive after the previous decision was rendered on July 25, 2008, stating that “the Plaintiff shall implement the procedure for the registration of ownership transfer on the instant real estate on the grounds of sale to the Defendant A” (hereinafter referred to as “the Plaintiff’s claim for the purchase price of KRW 16,66,67 to be paid by the Defendant A according to the above decision”).

(2) On July 8, 2014, the Jeonju District Court.

arrow