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(영문) 서울고등법원 2015.01.08 2014나25360
소유권이전등기말소
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The provisional registration of transfer of ownership (hereinafter “the provisional registration of this case”) was completed on April 12, 2002 with respect to the shares of 630/1,260 out of the real estate listed in the attached list Nos. 1 and 630 square meters in GJ (630 square meters and J 630 square meters on August 31, 2004, i.e., the land before division; hereinafter “the land before division”) and the real estate listed in the attached list No. 3 of the attached list No. 3 (hereinafter “third real estate”) of Suwon District Court, Suwon District Court No. 53475 on April 12, 2002, with respect to the registration of transfer of ownership (hereinafter “the provisional registration of this case”) on April 11, 2002.

On October 19, 2002, the Plaintiff entered into a contract with A to purchase 16 lots of real estate including each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) at 34 billion won (hereinafter “instant contract”).

Attached Form

With respect to each real estate listed in paragraphs (1) and (2) of the attached list Nos. 1 and (2) of the list Nos. 2 (hereinafter “instant Nos. 1 and 2”), the registration of the provisional registration before the provisional registration of this case was completed on June 26, 2003 by the Suwon District Court Registry No. 89234, Jun. 25, 2003, which was based on the transfer of rights.

R on April 2, 2007, transferred to Defendant B, C, D, and E (hereinafter “Defendant B and three others”) the right to claim the ownership transfer registration of the instant real estate Nos. 1 and 2, and completed the supplementary registration prior to the provisional registration under the receipt No. 77462 on April 3, 2007 by the same registry office.

(Share ratio Defendant B, C: 400/2,00 shares, Defendant D: 191/2,00 shares, Defendant E: 9/2,00 shares, Defendant E: 9/2,00 shares). The Defendant B and three other parties are based on the provisional registration of this case based on the provisional registration of this case, which was made on April 2, 2007 with the receipt of No. 77463 on April 3, 2007 by the same registry office.

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