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(영문) 서울서부지방법원 2018.10.31 2018가단8715
소유권이전등기 말소
Text

1. The Defendant received on January 12, 2018 from the Seoul Western District Court as to the real estate stated in the attached list from the Plaintiffs.

Reasons

1. Facts of recognition;

A. On April 3, 1989, E completed the registration of ownership transfer concerning real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On April 8, 2010, F, along with Plaintiff A, completed the provisional registration of the right to claim ownership transfer on the share of 1/2 shares in each of the instant real estate based on a pre-sale agreement, and completed the provisional registration registration with Plaintiff B on August 18, 2017.

C. On June 29, 2016, the Defendant filed a lawsuit against E for the claim for the transfer registration of ownership due to the exercise of the right to demand sale against the association established for the purpose of implementing the housing reconstruction project on December 21, 2012, and filed a lawsuit against E on June 29, 2016, “E shall receive KRW 127.1 million from the Defendant, and simultaneously implement the procedure for the transfer registration of ownership due to the sale of the instant real estate on March 9, 2013” (Seoul Western District Court Decision 2012Ga14067, hereinafter “instant preceding judgment”), and the Defendant’s judgment against E was finalized on April 4, 2017.

The Plaintiffs completed the principal registration based on the above provisional registration on September 10, 2017, on the instant real estate on November 9, 2017.

E. On November 27, 2017, the Defendant obtained succession execution clause against the Plaintiffs regarding the above preceding judgment, and completed the registration of ownership transfer on January 12, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. Where the subject matter of a prior suit is a claim for ownership transfer registration with the nature of a claim in the nature of a claim in the prior suit, the person to whom the registration of ownership was transferred after the closing of argument in the prior suit does not fall under the successor after the closing of argument in the prior

(see, e.g., Supreme Court Decisions 80Da2217, Nov. 25, 1980; 2002Da64148, May 13, 2003). Furthermore, the execution of the obligation to express intent is unnecessary (see, e.g., Supreme Court Decisions 80Da64148, Nov. 25, 1980; 263(1).

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