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(영문) 서울중앙지방법원 2021.01.15 2018가합4005
약정금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 22, 2013, the Plaintiff and the Defendants filed provisional registration. In order to secure a loan, etc. against FF Co., Ltd. (hereinafter “Non-Party Company”), the Defendants completed provisional registration on the right to claim for the transfer of ownership on the grounds of their respective 1/4 shares in the Seo-gu Incheon Special Metropolitan City, H, and I’s concrete structure flat studio 7th class of the instant building (hereinafter “instant building”) and the J building in education and research facilities (hereinafter “instant building”), and in relation to L’s respective 1/4 shares, on May 22, 2013.

2) On May 31, 2013, the Plaintiff completed a provisional registration of the right to claim the transfer of ownership on May 31, 2013 with respect to the title of the instant building M owned by Nonparty Company, in order to secure the claim against Nonparty Company against Nonparty Company.

B. On June 2013, the non-party company sought to enter into a lease agreement with N Co., Ltd. on the instant building M or L. However, the non-party company received a request from N Co., Ltd. for the unification of the foregoing subparagraph because a provisional registration was established as to each of the above subparagraphs, and the right to file a provisional registration was also changed.

2) Accordingly, the non-party company requested the defendants to lend additional money on July 2013, 2013, and the non-party company would transfer the ownership of the instant building M or L including the instant building M.

The proposal was made.

3) Accordingly, on July 8, 2013, the non-party company completed the registration of transfer of ownership based on the provisional registration completed on July 5, 2013 with respect to the instant building M on the ground of the self-sale contract for the Plaintiff on July 5, 2013. On the same day, the Plaintiff completed the registration of transfer of ownership based on the self-sale contract completed on July 8, 2013 with respect to each share of 42/100 for Defendant B, 10/100 for Defendant C, 19/100 for Defendant D, 19/100 for Defendant E, and 29/100 for Defendant E on the same day.

In addition, the Defendants, on July 8, 2013, based on the provisional registration completed earlier with respect to the building K and L of the instant building on July 8, 2013, was based on the purchase and sale contract on July 5, 2013.

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