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(영문) 서울중앙지방법원 2017.12.13 2016가합537006
소유권이전등기
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. A. The Defendant (Counterclaim Plaintiff) is:

Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The relevant Plaintiffs, along with Nonparty D, operated the “Eiart” (hereinafter “the instant Eiart”) at each land and its ground buildings listed in the [Attachment Nos. 1 through 3] from December 2002 with Nonparty D. However, around 2006, he/she became aware of Nonparty G (hereinafter “the deceased”) who worked as office staff at the F Judicial Scriveners Office located in Seocho-gu Seoul.

The defendant is the deceased's spouse.

B. Change in the ownership of real estate 1) On August 22, 2007, the auction of real estate was commenced with the Jeju District Court H on August 22, 2007, the deceased paid KRW 193,007,200 on April 27, 2009, and was decided as the highest bidder on May 4, 2009. On August 20, 2009, the remaining bid price of KRW 3,356,383,192 (=the remaining bid price of KRW 3,228,92,92,80 for interest in arrears of KRW 127,390,392,80 for each real estate owned by the plaintiff A or his children, and the plaintiff completed the registration of ownership transfer on the land owned by the deceased on August 208, 209.

On May 20, 201, Nonparty I entered into a sales contract with respect to the land listed in [Attachment 9] No. 9, which was owned by it, to sell it to the deceased, and on July 13, 2011, the registration of ownership transfer was made in the name of the deceased on the ground of the said sales contract.

Plaintiff

B entered into a sales contract on March 27, 2013 with respect to the land listed in [Attachment 10] No. 10, which was owned by it, to sell it to the deceased, and on March 28, 2013, the registration of ownership transfer in the name of the deceased was made on the said land.

3 Each building listed in the [Attachment 14] Nos. 14 and 15 shall be registered in the name of the deceased.

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