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(영문) 부산지방법원 2015.01.21 2014나4337
소유권이전청구권가등기말소등기절차이행
Text

1. The plaintiff's appeal is 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

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 5, 6, 7, 14, and Eul evidence Nos. 1, 2, 6, 11 (including paper numbers; hereinafter the same shall apply).

C. The cooperative(hereinafter referred to as "the cooperative of this case") is a regional housing association formed with 30 members in order to construct a new partnership apartment with 85 households on the land of 2,912 square meters in Busan Seo-gu E, Busan.

B. On January 26, 2010, the instant association entered into a pre-sale agreement with D and the instant apartment (hereinafter “instant pre-sale agreement”) on July 12, 2010 in accordance with the construction contract dated January 26, 2010 with the content that 55 households, including the real estate listed in the attached list (hereinafter “the instant apartment”) with D, including the real estate in the attached list with D (hereinafter “instant apartment”), should be granted the preservation registration and ownership transfer registration for the instant apartment, and the right to file a provisional registration (hereinafter “the instant provisional registration”) on the instant apartment on July 14, 201.

C. On August 19, 2010, D entered into a transfer contract with the Defendant on the right to claim the transfer of the above ownership on the apartment of this case, and on the 23th of the same month, D entered into a supplementary registration to transfer the above provisional registration to the Defendant.

Meanwhile, around July 2007, F, G, H, and I (hereinafter “F, etc.”) filed an application for provisional seizure of real estate with the Busan Seo-gu Busan District Court 2007Kadan18769 square meters of land for land E, and received a provisional seizure order from the above court on October 23, 2007.

E. The Plaintiff entered into a contract with F, etc. on September 29, 2010 to transfer or acquire “the claim of F, etc. (the Busan District Court Order 2007Kadan18769 on the provisional seizure of real estate)” of KRW 947,90,000 (the provisional seizure of real estate) that F, etc. has against the instant union.

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