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(영문) 서울중앙지방법원 2016.01.19 2015가단79667
소유권이전등기청구권 가등기말소 등
Text

1. The Plaintiff:

A. The defendant Cho Il-Un Employment Co., Ltd. shall share 2/12 of each of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On February 3, 2009, the Plaintiff and B entered into a contract with each of the real estate (hereinafter “C”) listed in the separate sheet owned by the Plaintiff and the member D, whose ownership is Ansan-si, the 401 floor No. 401 and E’s Gangseo-gun F land owned by the Plaintiff (hereinafter “instant exchange contract”). The Plaintiff and B added the subject matter of exchange to the Plaintiff.)

B. On February 3, 2009, the Plaintiff established the provisional registration of this case in the name of B paid the difference of KRW 10 million on February 1, 2009, KRW 20 million on February 11, 2009, and KRW 60 million on April 3, 2009, delivered the instant real estate to B on April 2, 2009, and on May 13, 2009, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”).

C. On April 5, 2010, Defendant Oreng Development Co., Ltd. (hereinafter “Defendant Oreng Development Co., Ltd”) received a provisional attachment on the Plaintiff’s right to claim transfer of ownership (Korean Government District Court Decision 2009Kahap1052), and completed the provisional attachment registration under the receipt of Macheon District Court’s receipt of Macheon District Court’s 11770 registration office on the same day.

On April 14, 2014, the Defendant agreed to be transferred 2/12 shares of the provisional registration of this case from B.

Accordingly, on April 15, 2014, B completed the supplementary registration of partial transfer of the right to claim ownership transfer on the ground of the transfer of ownership from April 14, 2014, as the receipt of the same registry office, with respect to shares of 2/12 (hereinafter “share of provisional registration of this case”) of the provisional registration of this case to Defendant Ydong Unemployment. D

As a result of the relevant lawsuit brought by the Plaintiff, the Plaintiff (1) and (2).

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