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(영문) 부산지방법원 2017.07.11 2016가단323949
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On July 29, 2005 and September 7, 2005, the Plaintiff made an investment in relation to the land development project in Yangsan-si, which was promoted by C, to receive KRW 382,50,000 from Suwon-si and then receive KRW 382,50,000 from Suwon-si.

In relation to the real estate listed in the separate sheet (hereinafter “instant real estate”) by the Ulsan District Court Yangsan District Court No. 38805 on July 8, 2008, and as to the share of 172/2967/2967 square meters in Yangsan-si D 406 square meters (i.e., 43724/754/75214), the registration of the provisional right to claim ownership transfer and the right to claim for share transfer was completed on July 7, 2008.

Afterward construction, the Ulsan District Court Yangsan District Court No. 30192, July 3, 2009, received on July 3, 2009, and completed the registration of ownership transfer and share transfer on June 8, 2009.

E/F completed the share transfer registration on September 21, 2007 with respect to 1185/2967/29 of each share of D 406 m2 in Gyeyang-si, Yangsan-si, and completed the share transfer registration on July 17, 2009 with respect to each share of 366.5/29 of each share.

However, the plaintiff filed a lawsuit with Busan District Court No. 2012Gahap10983 against the general construction and C, etc. for the payment of the amount set forth in paragraph (1).

On October 10, 2012, the above court rendered a judgment to jointly and severally pay to the Plaintiff KRW 382,500,000 and delay damages therefor. The above judgment became final and conclusive as it is.

The Plaintiff filed a lawsuit against B against Busan District Court No. 2014Da53888, which sought the cancellation of the purchase and sale reservation and the sales contract and the restoration to original state, and the said court revoked the purchase and sale reservation and the sales contract between B with respect to the instant real estate and the shares in the said B on May 29, 2015, respectively, and B.

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