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(영문) 인천지방법원부천지원 2013.12.26 2012가단41719
소유권이전등기말소
Text

1. As to the share of 942/3,256 square meters out of 3,256 square meters in small-gu Seocheon-gu, Seocheon-si:

A. The defendant Korean Institute of Private School is the defendant.

Reasons

1. Basic facts

A. On May 15, 2004, Defendant B entered into a sales contract with the Plaintiff to purchase KRW 105,000,000 (hereinafter “instant sales contract”) out of KRW 942/3,256 square meters of the amount of KRW 3,256 square meters of land in Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City located in the land transaction permission zone. Since January 31, 2012, Defendant B revoked the designation of the land transaction permission zone for the said forest.

B. Defendant B filed a lawsuit against the Plaintiff on the claim for the transfer registration of ownership based on the instant sales contract with respect to the instant forest shares as the court heading4918, and was sentenced to a favorable judgment by public notice on May 30, 2012 (hereinafter “previous judgment”), and completed the transfer registration for ownership transfer based on the instant sales contract under Article 62837 of the court’s receipt on June 22, 2012 as to the said forest shares, and completed the registration for ownership transfer based on the said sales contract as to the said forest shares, and completed the registration for the transfer of ownership transfer based on the said contract with the Korea Development Institute of Private School (hereinafter “Defendant Corporation”) on October 30, 2012 with the same court No. 11043, Oct. 24, 2012.

C. The plaintiff was based on the previous judgment of this case.

After becoming aware of the fact that each registration of ownership transfer in the name of the Defendants was completed as described in the paragraph, the court of appeal filed a subsequent appeal with the Incheon District Court 2012Na22969 and was sentenced on June 26, 2013 to revoke the previous judgment and dismissed the claim of Defendant B on the ground that the instant sales contract between the Plaintiff and the Defendant B was null and void as the final judgment became final and conclusive. The above judgment of the appellate court became final and conclusive on September 26, 2013, following the final appeal that was proceeded with by the Supreme Court 2013Da54123.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence No. 1 to No. 1 to No. 3, and the purport of the whole pleadings

2. According to the facts as seen earlier, registration of ownership transfer under Defendant B’s name and registration of ownership transfer in the name of Defendant Corporation, which are based on such registration, should be cancelled as registration invalidation.

For this reason,

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