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(영문) 서울중앙지방법원 2018.08.24 2017가합554558
소유권말소등기
Text

1. All of the conjunctive claims filed by the Plaintiff against the Defendants are dismissed.

2. The plaintiff's defendants.

Reasons

1. Basic facts

A. The registration of preservation of E’s ownership was completed on February 10, 2004 at the court’s commission with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On the same day, the registration of provisional disposition was completed in the name of the Plaintiff’s Intervenor (hereinafter “ Intervenor”) who is the right to claim the registration of transfer of ownership based on a payment agreement or a security agreement for transfer, and the registration of provisional disposition was completed on the same day.

B. The Plaintiff and F, Jun. 3, 2004, completed the registration of ownership transfer with respect to each of the instant real estate as co-owners of 1/2 shares on the grounds of sale on March 4, 2004.

C. On July 16, 2004, the intervenor filed a lawsuit against E seeking the implementation of the procedure for the registration of ownership transfer on the ground of the accord and satisfaction of each of the instant real estate and received a favorable judgment of the Seoul Central District Court (Seoul Central District Court 2004Gahap56610).

Accordingly, on June 8, 2005, the registration of ownership transfer was completed in the name of the intervenor on the ground of payment in substitutes with respect to each of the instant real estate.

(B) If the Plaintiff and F’s share in each of the instant real estate was transferred to the Intervenor, the registration of ownership transfer in the name of the Plaintiff and F was cancelled first, and the registration of ownership transfer in the name of the Plaintiff and F is in conflict with the registration of provisional disposition, and the registration of ownership transfer in the name of the Plaintiff and F is to be cancelled. However, the registration of ownership transfer in the name of the Plaintiff and F was cancelled ex officio due to the invalidation of provisional disposition on April 13, 2017, and the Plaintiff filed an appeal against the cancellation on May 19, 2017 by the Seoul Northern District Court Decision 2017Mo6, which was dismissed.)

Defendant C Co., Ltd (hereinafter “Defendant C”) shall register the transfer of ownership on November 25, 2009 with respect to each of the instant real estate on the grounds of sale on November 24, 2009.

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