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(영문) 서울중앙지방법원 2018.07.20 2017가단5117117
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. As to the land No. 1 of this case, the registration of ownership transfer was completed on November 21, 2007 in Defendant C on the same day on June 12, 2012, and the registration of ownership transfer was completed on November 21, 2007 with respect to the land No. 2 of this case on November 21, 2007, and the registration of ownership transfer was completed on November 10, 2008 in Defendant C on November 7, 2008.

B. On January 3, 2011, the Defendant Company entered into a sales contract with Defendant C’s agent on the purchase price of KRW 990 square meters for E factory site (hereinafter “instant factory site”) and KRW 99,00,000 for road shares among the instant land and the instant land No. 1 and the instant land No. 2 (hereinafter “instant road shares”). On March 21, 2013, the sales contract was again entered into between Defendant C and the Defendant on March 21, 201 with a content that sells the instant factory site in KRW 396,00,000 between Defendant C and the Defendant Company. However, in principle, the instant contract is based on a special agreement, “road site” and the instant land No. 1 and the instant land No. 2 shall be deemed to have been donated to viewing, and if not, the ownership of the instant road shall not be deemed to have been registered as a co-owner’s share.

The Defendant Company paid all the purchase price to Defendant C in accordance with the instant sales contract, and Defendant C completed the registration of ownership transfer with respect to the instant factory site on March 29, 201, but did not complete the registration of ownership transfer with respect to the instant road shares.

C. On September 1, 2015, the registration of transfer of ownership was completed on the ground of sale due to voluntary auction in the Plaintiff’s future. D.

On October 28, 2015, the Plaintiff is the Defendant Company F.

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