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(영문) 서울북부지방법원 2018.05.30 2017나36282
건물명도등
Text

1. All appeals filed by the defendant and the independent party intervenor are dismissed;

2. The portion resulting from the principal lawsuit out of the costs of appeal.

Reasons

Basic Facts

The registration of ownership preservation of D on February 10, 2004 was completed at the court's commission with respect to the instant real estate in the course of the change of ownership of the instant real estate. On the same day, the registration of provisional disposition was completed in the name of the Siamamaman Saemaul Cooperative, whose right to claim the registration of ownership transfer under the payment agreement or the transfer for security agreement was made as the preserved right.

The Intervenor and E completed the registration of ownership transfer on June 3, 2004 as co-owners of 1/2 shares on March 4, 2004, respectively.

After then, the Simam Saemaul Bank filed a lawsuit against D seeking the implementation of the procedure for the registration of ownership transfer based on the payment in substitutes for the instant real estate, and received a final and conclusive judgment of winning the lawsuit (Seoul Central District Court 2004 Gohap56610). Accordingly, on June 8, 2005, the registration of ownership transfer is completed in the name of the Simam Saemaul Bank on the ground of payment in substitutes for the instant real estate.

(A) Since the registration of transfer of ownership in the name of the intervenor and E conflicts with the registration of provisional disposition for prohibition of the above disposal, the registration of transfer of ownership in the name of the intervenor and E should first be cancelled, and the registration of transfer of ownership in the name of the intervenor and E should not be cancelled. However, the registration of transfer of ownership in the name of the intervenor and E was completed as if the entire co-ownership share in the real estate of this case were transferred in the name of the intervenor and E were transferred in the name of Siamamamamamamamamamamn. After the registration of transfer of ownership in the name of the intervenor and E was cancelled ex officio due to the invalidation of provisional disposition on April 13, 2017, and the plaintiff filed an objection against the above cancellation on May 19, 2017 with the Seoul Northern District Court Decision 2017Mo6, but the intervenor was dismissed, and the intervenor appealed Co., Ltd. (hereinafter referred to as the "Guamkk") appealed completed the registration of transfer of ownership on each of this case on November 25, 2009.

F. The instant case on April 14, 201

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