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(영문) 서울동부지방법원 2018.06.26 2017가단19143
소유권이전청구권가등기 등 말소
Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Seoul Eastern District Court's registration office on April 1999

Reasons

1. Determination as to the cause of claim

(a) The following facts may be acknowledged by adding up the purpose of the entire pleadings to the statements in Gap evidence Nos. 1 to 7:

(1) On April 26, 1999, the Defendant completed the registration of ownership transfer claim based on the pre-sale on April 24, 1999 with respect to the land of Seongdong-gu Seoul, Seongdong-gu and 96 square meters in Seoul, Seongdong-gu, Seoul, on April 24, 199, and completed the registration of ownership transfer based on the provisional registration on March 22, 2013.

(2) On November 22, 2005, Seongdong-gu Seoul Seongdong-gu Seoul divided into 75 square meters and G 21 square meters, and on November 22, 2005, the Flux in Seongdong-gu Seoul divided into 73 square meters and H 20 square meters. The Flux in Seongdong-gu Seoul divided into 73 square meters and 20 square meters on November 22, 2005.

(3) On January 28, 2013, D deceased on January 28, 2013, D had wife I, J, B, K, Plaintiff, and L with the deceased’s heir, and I had the qualified acceptance of inheritance, and the remaining inheritors renounced inheritance.

(4) After I died on April 3, 2014, the Plaintiff among the inheritors accepted inheritance as qualified, and the rest of the inheritors renounced inheritance.

(5) The Plaintiff, a creditor of D, filed a lawsuit against the Defendant, who is the husband of Seongdong-gu Seoul Metropolitan Government, seeking the cancellation of the claim for transfer of ownership and the provisional registration of transfer of ownership in the name of the Defendant, which had been completed with the 75mm2 in Seongdong-gu Seoul Metropolitan Government F large 73m2, Seongdong-gu. The appellate court of the instant case recognized that the Defendant’s promise for sale was made for the purpose of concealing property for the purpose of avoiding the enforcement of D’s creditors, and the judgment became final and conclusive as it

B. According to the above facts of recognition, the registration of the right to claim ownership transfer, which the defendant completed with respect to each real estate listed in the separate sheet, is a provisional registration by false representation, and it is clear that the principal registration of the right to claim ownership transfer, which is completed thereby, is also invalid, and the defendant shall register the right to claim ownership transfer and the right

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