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(영문) 서울중앙지방법원 2021.01.29 2019가합542580
손해배상(기)
Text

1. Defendant C is 5% per annum from January 19, 2010 to February 20, 2020, respectively, to the Plaintiffs.

Reasons

1. Basic facts

A. F (Death on June 18, 2006) completed the registration of transfer of ownership on January 18, 198 with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) on January 18, 198.

F The Defendant C, on January 13, 2004, completed the registration on January 12, 2004, the right to request the transfer of ownership based on the purchase and sale reservation.

B. On July 31, 2006, Defendant C filed a lawsuit against F with the Seoul Central District Court for demanding the performance of the principal registration procedure by provisional registration (2006Ga group 290066). On December 6, 2006, the above court rendered a judgment that “F shall implement the registration procedure for the transfer of ownership on the basis of the provisional registration as above on October 13, 2006,” and the above judgment became final and conclusive on April 10, 2007.

(c)

Defendant C completed the registration of ownership transfer on October 13, 2006 by the above judgment on April 17, 2007, for the instant real estate.

(d)

On January 16, 2010, the Plaintiffs purchased the instant real estate from Defendant C with the purchase price of KRW 528,000,000 (hereinafter “instant sales contract”) and completed the registration of transfer of ownership on January 19, 2010 as to each of the instant real estate shares of KRW 1/2. At that time, Defendant C paid each of the above purchase price of KRW 528,000,000, KRW 264,000,000, respectively.

E. G as a spouse of F, the F died and succeeded to the instant real estate independently.

G filed a lawsuit against Defendant C and the plaintiffs on April 24, 2013 against the Seoul Central District Court for the cancellation of ownership transfer registration, and “The registration of ownership transfer completed in Defendant C in the future on the instant real estate owned by G is based on a judgment that is null and void as it is based on a judgment that is null and void. Accordingly, the registration of ownership transfer completed in the future of the Plaintiffs is also the registration of invalidity of the cause.

The defendant C and the plaintiffs claim that each of the above ownership is prior to the transfer, etc.

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