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(영문) 서울고등법원 2014.11.12 2014나19945
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part of the judgment against the Defendant B regarding the real estate stated in the attached list No. 2.

Reasons

Basic Facts

On October 6, 199, the Plaintiff purchased the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) from D in the attached Table No. 1 (hereinafter “instant land”) for KRW 155,00,000, and transferred the title of the instant land between D and D to a third party designated by the Plaintiff.

In addition, the Plaintiff agreed with Defendant B to trust the ownership of the instant land to Defendant B.

(2) On October 25, 199, the Plaintiff completed the registration of ownership transfer on the instant land under the instant land sale contract and the instant land title trust agreement as to October 25, 199 (hereinafter “instant land title trust agreement”).

(hereinafter “Registration of Land Transfer in Defendant B.” After the Plaintiff agreed with Defendant B to lend the name of Defendant B to build a new building on the ground of the instant land, the Plaintiff obtained a construction permit under the name of Defendant B, and newly constructed a real estate listed in attached Table 2 (hereinafter “instant building”) on the ground of the instant land around 2000, but failed to obtain approval from the competent authority.

On August 18, 2010, E, the lessee of the instant building, was subject to a provisional attachment decision by the Jung-gu District Court 2010Kadan2832, and accordingly, the registration of ownership preservation was completed in the future of Defendant B as of August 20, 2010 with respect to the instant building, which had not been registered.

(2) On August 29, 201, Defendant B, without the Plaintiff’s consent, sold the instant land and building at KRW 538,000,000 to Defendant C without the Plaintiff’s consent (hereinafter “instant land and building sales contract”), and received approximately KRW 30,00,00 after deducting the lease deposit, etc. from Defendant C., and the registration of ownership transfer as to the instant land and building was completed on August 30, 201.

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