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(영문) 서울중앙지방법원 2018.05.16 2017가단5137685
소유권말소등기
Text

1. Defendant B is the Seoul Central District Court with respect to each one-third share of the real estate listed in the separate sheet to Defendant D and C.

Reasons

1. Facts of recognition;

A. The registration of ownership preservation was completed on April 24, 2003 in the name of E, Defendant C, and F, each of 1/3 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Plaintiff filed a lawsuit against E and Defendant C, etc. on November 13, 2007 (hereinafter “instant conciliation”) with the following content from Seoul Central District Court Decision 2006Da457524 (principal lawsuit), 2007Kadan30473 (Counterclaim), and 2007Kadan30546 (Counterclaim)).

1) By December 10, 2007, E is paid KRW 23,33,40 (20,000,000,000) from the Plaintiff. At the same time, E is paid from the Plaintiff, E is subject to the registration procedure for ownership transfer on the ground of an agreement for payment in kind with respect to one-third of the real estate in this case, and the Plaintiff is paid KRW 23,333,400 to E at the same time when the registration procedure for ownership transfer is completed. 2) by December 10, 2007; Defendant C is paid KRW 3,333,400 from the Plaintiff; Defendant C implements the registration procedure for ownership transfer on the ground of an agreement for payment in kind with respect to one-third of the real estate in this case; and the Plaintiff is paid KRW 3,333,400 to Defendant C at the same time when the registration procedure for ownership transfer is implemented by Defendant C, and the Plaintiff is paid KRW 33,400,00.

C. Defendant C and E agreed with the Plaintiff to have received each of the above KRW 3,33,400 from the Plaintiff.

Defendant B filed a claim for reimbursement against the Plaintiff by Seoul Central District Court Decision 2009Kadan190266, and was sentenced by the above court on September 23, 2009 to the judgment that “the Plaintiff shall pay to Defendant B 85,36,830 won with 5% per annum from September 9, 2009 to September 23, 2009, and 20% per annum from September 23, 2009 (hereinafter “the above judgment”). The above judgment became final and conclusive around that time.

(e).

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