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(영문) 서울서부지방법원 2018.09.06 2017나41815
소유권이전등기말소등기
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1. Revocation of the first instance judgment.

2. Of the instant lawsuit, the registration of transfer of shares against Defendant C around each other.

Reasons

1. Basic facts

A. B as the Plaintiff’s spouse, owned the ground I (hereinafter “instant real estate I”) under the name of ChokJ among the multi-household buildings with the 2nd floor, the 1st floor, and the 6th household size located in Eunpyeong-gu Seoul Metropolitan Government O (Seoul H).

B. On March 29, 201, Defendant C planned to remove the buildings of this case with Defendant E, D, and to construct the sectionally owned buildings of 8th and 13th generation units on the ground (hereinafter “instant building”). On March 29, 201, Defendant C concluded a sales contract to purchase the instant first real estate (hereinafter “instant first contract”). Under the sales contract, the sales price is KRW 190 million, the seller is KRW 190 million, and the buyer and the buyer are Defendant D.

C. On April 25, 201, the registration of ownership transfer was completed in Defendant D’s name with respect to the instant real estate No. 1.

Meanwhile, on July 28, 2011, B entered into a sales contract with Defendant C to purchase K (hereinafter “instant second real estate”) among the instant buildings (hereinafter “instant second contract”). Under the sales contract, the sales price is KRW 160,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

E. After the completion of the instant building, the registration of ownership transfer was completed on February 8, 2013 by the Seoul Western District Court No. 6126, which was the 61/3 co-ownership share holder of Defendant C, D, and E (hereinafter “Defendant C, etc.”). On the same day, the registration of ownership transfer was completed in the name of Defendant C’s respective share transfer registration (hereinafter “registration No. 1”) under the name of Defendant C as the 6140 receipt of the same registry office on the grounds of the partition of co-owned property on the same day. On the same day, the registration of ownership transfer was completed in the name of Defendant F, who is his/her father, as the 6146 receipt of the same registry office (hereinafter “registration No. 2”).

F. In addition, the second real estate of this case is concerned.

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