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(영문) 수원지방법원 2016.07.22 2013나32663
소유권말소등기
Text

1. The defendant's appeal is dismissed.

2. The decision of the court of first instance shall be corrected as follows:

The defendant.

Reasons

1. Basic facts

A. On January 7, 2011, the Plaintiff entered into an exchange contract with Nonparty C, instead of taking over ownership of 198 square meters and 6,156 square meters of H-gun, Innju-gun, Gyeonggi-gun, which was authorized to dispose of by C from C, with the authority to dispose of C, with the ownership of 198 square meters and 6,156 square meters of land as indicated in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), and issued all necessary documents for the registration of mutual ownership transfer.

B. C completed the registration of ownership transfer on February 9, 201 with respect to the instant real estate on the grounds of a sales contract dated January 7, 2011.

C. On January 21, 2011, the Defendant completed the provisional registration of ownership transfer registration on the ground of pre-sale agreement (hereinafter “provisional registration of this case”) with the Suwon District Court Branch Branch of Sungwon District Court (Seoul Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Branch of Seoul District Court (hereinafter “the instant provisional registration”). On April 18, 2011, the Defendant completed the registration of ownership transfer on the ground of the said provisional registration (hereinafter “the instant provisional registration”) under Article 26454 of the same registry office as of February 5, 201.

As the ownership transfer registration of the instant real estate C was completed, the registration of ownership transfer of the instant real estate was cancelled ex officio on May 23, 201.

E. C filed a lawsuit against the Plaintiff on the ground that the Plaintiff did not acquire the instant real estate due to the Plaintiff’s cause attributable to the Suwon District Court.

On May 12, 2015, the Suwon District Court sentenced C to the judgment that “The Plaintiff shall pay C the interest of KRW 200,320,000 and the interest rate of KRW 20% per annum from October 22, 2013 to the date of full payment,” on the grounds that the contract was rescinded between the Plaintiff and C due to the Plaintiff’s cause attributable to the Plaintiff (Uwon District Court 2013Gahap26657).

Although the plaintiff appealed against this, the plaintiff's appeal was filed on February 19, 2016.

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