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(영문) 서울고등법원 2019.05.01 2019나2003217
채권자대위 등 청구의 소
Text

1. The appeal of this case is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. The defendant.

Reasons

1. Basic facts

A. K newly constructed a multi-household and apartment under a contract for the construction of a new apartment in Jung-gu, Seoul. On December 2, 2005, K entered into an accord and satisfaction agreement between V, B, C, D, and E (hereinafter “owners”), the owner of multi-household housing, and the owner of multi-household housing, including each real estate listed in the separate sheet, to transfer the ownership of a part of multi-household housing, instead of paying the construction cost.

(hereinafter “instant accord and satisfaction agreement.” The owner completed the registration of ownership transfer on each 1/5 share of each 1/5 of the pre-household units, which was newly constructed on November 3, 2005, and completed the registration of ownership transfer in the name of the Defendant, K’s wife on March 24, 2006, including each real estate listed in the separate sheet, around March 24, 2006.

A building owner V died on November 22, 2009 and jointly succeeded to the property by F, G, H, I, and J, a child.

B. K was subject to the disposition of imposing a total of KRW 165,874,320 by the head of Dongjak-gu Tax Office under the Plaintiff’s control while running the construction business.

On June 30, 2017, K currently fails to pay the amount of KRW 273,847,90, including the surcharge, and does not own any particular positive property.

C. N, W, AP, Q, and AR (hereinafter “N, etc.”) (hereinafter “N, etc.”) filed a lawsuit against the Defendant and the owner of the building (including the successors of V; hereinafter the same shall apply) by subrogationing K and the owner of the building in sequence, by the Seoul Central District Court 2014Gahap4914, the Defendant filed a lawsuit against the owner seeking the procedure for the cancellation of ownership transfer registration completed with respect to each real estate listed in the separate sheet, and the owner of the building filed a lawsuit seeking the registration procedure for ownership transfer registration under the instant accord and satisfaction agreement.

(hereinafter referred to as the “Lawsuit”) D.

The above court shall be deemed to have completed the registration of transfer of ownership in the name of the defendant with respect to each real estate listed in the attached list Nos. 1, 2, 3, 5, 6, and 7 pursuant to the title trust agreement between the defendant and K.

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