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(영문) 서울중앙지방법원 2018.05.03 2017나59460
소유권이전등기말소 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendant, the Republic of Korea, and the Sungnam-si are dismissed.

2.

Reasons

1. Basic facts

A. D completed the provisional registration of ownership transfer registration claim (hereinafter “provisional registration of D”) on January 21, 201 by the Suwon District Court’s Branch of Branch Branch of Sung-nam Branch of Branch of Branch Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Seoul District Court (hereinafter “instant building”) on the building listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”).

B. After that, around April 5, 2011, D drafted a certificate of cancellation that the said purchase and sale reservation and provisional registration will be cancelled to the Plaintiff.

Nevertheless, D completed the ownership transfer registration (hereinafter “D ownership transfer registration”) based on the provisional registration as of April 18, 201, which was received on April 18, 201 by the same registry office as of February 5, 201, based on the foregoing provisional registration as of February 5, 2011, with all documents necessary for the registration of ownership transfer of the instant building.

C. As to the building of this case registered as owned by D, Defendant Jung Jung-gu, Incheon, completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”) with the maximum debt amount of KRW 455,000,000, and the debtor D, based on the contract established as of May 24, 2011 by the same registry office No. 35106, May 24, 201.

After that, B completed the registration of transfer of ownership (hereinafter “instant transfer of ownership”) for the instant building as of December 30, 201 by the same registry office No. 84565, Dec. 30, 201; based on the tax claim regarding the instant building; Defendant Republic of Korea completed the registration of seizure based on the tax claim regarding the instant building as of July 1, 2014, the receipt of No. 44790, Jun. 30, 201 by the same registry office as of June 30, 2014; Jung-gu Seoul Special Metropolitan City’s receipt of No. 67389, Oct. 15, 2014; Defendant Sungnam-si was based on the seizure as of February 10, 2015, based on the same date No. 11079, Mar. 12, 2015; and each registration of seizure was completed as of March 10, 2015.

E. The Plaintiff registered D’s provisional registration and cancellation of ownership transfer registration regarding the instant building against D.

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