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(영문) 서울고등법원 2010.10.15 2009나107
소유권이전등기말소 등
Text

1. Upon selective claims against Defendant C and D added at the trial court, the Plaintiff and the Defendant.

Reasons

Basic Facts

On July 30, 2001, the Plaintiff completed the registration of initial ownership relating to each real estate (hereinafter “each real estate of this case”) listed in the [Attachment 1] Nos. 1 through 359 (hereinafter “Attachment 1”).

Defendant E and F completed the provisional registration based on the above provisional registration on the ground of trade reservation on the 18th day of the same month with respect to each of the 1/2 shares of each of the real estates listed in the 358 and 359 from January 19, 2002 (the nine floors of each real estate in this case). The principal registration based on the above provisional registration is completed on December 27 of the same year on the ground of trade reservation.

With respect to each real estate listed in the sequence 1 through 357 on January 24, 2002, the Plaintiff completed provisional registration of the right to claim ownership transfer on the ground of the pre-sale agreement (hereinafter “instant pre-sale agreement”) made by Defendant B Co., Ltd. (hereinafter “Defendant B”) on the same date.

Defendant Franchi Mutual Savings Bank (hereinafter “Defendant Franchi Bank”) completed the supplementary registration prior to the claim for transfer of ownership from Defendant B on May 7, 2002 with respect to each real estate (three to eight floors among each real estate of this case) listed in Nos. 172 through 357, which was based on the same date transfer contract from Defendant B.

Defendant D completed the additional registration of each ownership transfer claim on the real estate listed in the No. 356,357 of December 28, 2002 as of each of the real estate listed in the No. 1 through No. 171 of the same year (the 3,4,5 of each of the real estate in this case) from Defendant D, as to each of the real estate listed in the No. 1 through No. 171 of the same year (the 1,2 of each of the real estate in this case) on the ground of a contract for the transfer of right from Defendant D from Defendant D, with respect to each of the real estate listed in the No. 356,357 of the same year (the 7,8th of each of the real estate in this case) on the ground of a contract for the transfer of right from Defendant D, Korea through a gold formula from Defendant D bank on the 27th of the same month.

Defendant D is a real estate listed in the sequence 48 to 355 of October 30, 2002 (one to five floors of each real estate of this case).

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