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Reasons
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(영문) 전주지방법원 2016.08.26 2014나5817
소유권말소등기
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1. The part of the judgment of the court of first instance concerning the development of the seaman industry by defendant limited company is revoked.

2. The plaintiff's defendant.

Reasons

1. Facts of recognition;

A. On January 11, 2008, D Co., Ltd. (hereinafter “D”) purchased from Defendant B, Gunsan-si, Non-Party C, and Non-Party C, and Non-Party D’s attached buildings at KRW 310 million.

B. After having agreed on October 10, 2008 to change the buyer of the sales contract as of January 11, 2008, Defendant D and E, and Defendant B entered into a real estate sales contract with the buyer E, the seller as of January 11, 2008, and the buyer as of KRW 310,000,000,000,000,000,000,000,000,000,000.

C. On October 31, 2008, around October 31, 2008, the representative director F of D requested Defendant B to complete the registration of ownership transfer of the building of this case in the name of the Plaintiff, not E, and Defendant B entered into a sales contract with the Plaintiff on October 31, 2008, where the Plaintiff is the purchaser of the building of this case (hereinafter “the sales contract of this case”). On November 6, 2008, the Plaintiff completed the registration of ownership transfer on October 31, 2008 (hereinafter “the sales contract of this case”).

Meanwhile, on November 15, 2012, Defendant limited liability company’s development of seaman industry (hereinafter “Defendant seaman industry development”) completed the registration of transfer of ownership based on sale on November 12, 2012 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

At present, the buildings listed in attached Table 2 (hereinafter referred to as “instant mechanical room”) were entirely destroyed.

【Ground of recognition】 The fact that there has been no dispute, Gap's evidence Nos. 1 through 4, 9, 13, 26, 30, 32 (including paper numbers; hereinafter the same shall apply), Eul's evidence Nos. 3 and 5, the result of the commission of appraisal to the North Korea's debt office before the Pacific Appraisal Corporation by the court of first instance, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The summary of the Plaintiff’s assertion 1 includes each of the instant real estate from Defendant B on October 31, 2008.

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