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(영문) 서울남부지방법원 2020.05.14 2019가단233373
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 17, 2014, the Plaintiff leased KRW 200 million to F, which was under construction of multi-household housing on the land of Gangseo-gu Seoul Metropolitan Government, through G, which had been performing construction at the time, and completed the registration of transfer of ownership with respect to the above loans, I, J, and K, each of the real estate listed in the above multi-household housing and the separate sheet (hereinafter “each of the instant real estate”) on August 26, 2014.

B. After that, at the request of G, the Plaintiff transferred the ownership of each of the instant real estate to L in lieu of paying the down payment of the down payment for the Dora New Construction Contract concluded by G with L. The Plaintiff completed each of the instant real estate transfer registration (hereinafter “the first sale registration”) on June 30, 2015, with the Seoul Southern District Court’s registration No. 58714, 58715, and 58716, respectively, on July 15, 2015 (hereinafter “instant first sale contract”).

C. Since then, the above construction contract between G and L was rescinded, L entered into a new construction contract with respect to each of the instant real estate with respect to G on October 13, 2015 at the request of G, with respect to each of the instant real estate registered with the Seoul Southern District Court (hereinafter “instant second sale contract”) as of September 30, 2015 (hereinafter “instant second sale contract”). D.

Defendant B completed the provisional attachment registration (hereinafter “registration of provisional attachment”) based on the decision of provisional attachment No. 2016Kadan231, Jan. 22, 2016, by the Seoul Southern District Court’s registration office, No. 4288, Jan. 22, 2016, which was received on January 22, 2016.

E. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) (hereinafter “Defendant Co., Ltd”) committed a contract establishing a neighboring mortgage on February 4, 2016 at the Seoul Southern District Court’s registration office No. 6919, February 1, 2016, for the instant real estate No. 1.

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