logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원밀양지원 2017.06.13 2016가단11549
소유권이전등기
Text

1. The Defendant limited liability company’s main industry trades on April 15, 2009 with respect to real estate stated in the separate sheet to the Plaintiff.

Reasons

On February 28, 2004, the registration of ownership transfer was completed in the name of Defendant B with respect to the apartment of this case for which the alteration of the right to the claim against Defendant B had been completed, and thereafter, on November 20, 2004, the deceased C completed the provisional registration of the ownership transfer claim on the ground of the pre-sale agreement on May 17, 2004.

On September 4, 2007, the defendant state industry completed the principal registration based on the provisional registration on the same day after the registration of transfer of ownership transfer right was completed on September 20, 2007 due to the reason that it was transferred by the deceased C the right to claim ownership transfer from the deceased C.

On April 15, 2009, Defendant Jeju Industries agreed to transfer the ownership of the instant apartment to the Plaintiff on April 15, 2009, and completed the registration of ownership transfer on April 16, 2009.

The Plaintiff sold the instant apartment to D on May 23, 2013, and completed the registration of ownership transfer on June 26, 2013.

On October 1, 2007, E, F, the creditor of the dispute over the ownership of the apartment in this case, and as seen earlier, the defendant state industry completed the registration of ownership transfer on the apartment in this case. On October 11, 2007, the provisional disposition of prohibiting the disposal of the apartment in this case was decided (this court 2007Kahap112), and the provisional disposition registration was completed on the same day.

Since then, F filed a lawsuit seeking the cancellation of the above provisional registration in the name of G, H, I, and J, the heir of the deceased C, and the cancellation of the provisional registration of the above right to claim ownership transfer and the transfer of ownership based on the provisional registration of the above right to claim ownership transfer against the industry, on February 18, 2010, by subrogationing the Defendant B with respect to the apartment of this case. The above court rendered the judgment of the Plaintiff on February 18, 2010.

However, the appellate court (Seoul High Court 2010Na623) recognized the Plaintiff’s loan claims against Defendant B on October 16, 2014, and dismissed the claim for cancellation of the above provisional registration against the deceased C’s heir on the ground that there is no legal interest in the lawsuit.

arrow