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(영문) 서울중앙지방법원 2015.09.11 2013가단93911
소유권이전등기말소 등
Text

1. Defendant B is due to sale and purchase on August 7, 1998 with respect to one-half shares of the real estate listed in paragraph 1 of the attached list to E.

Reasons

1. Basic facts

A. Details of registration of ownership of the instant real estate 1) Real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1”) owned by F

On June 19, 195, the registration of ownership transfer was completed on June 16, 1995 under Defendant B’s name on June 19, 195.2) With respect to the real estate listed in paragraph (2) of the attached Table No. 2 in F and G-owned (hereinafter “second real estate”; and the total real estate Nos. 1 and 2, “the instant real estate” was completed on September 28, 1995 under Defendant B’s name on September 26, 1995.

Since then, Defendant C’s registration office of Chuncheon District Court No. 7000 of August 11, 1998, which was received on August 7, 1998, and the registration of ownership transfer made on April 17, 2009 by the same registry office, No. 3958 of April 17, 2009, and the registration of ownership transfer made on April 2, 2009.

B. The Plaintiff’s claim 1) The Plaintiff filed a lawsuit against E with the Seoul Central District Court 2012Da179191, and on August 12, 2012, during the proceeding of the lawsuit, a settlement was concluded in the lawsuit that “E shall pay to the Plaintiff KRW 7,2750,000,000,000 to the date of November 30, 2012, and shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the date following the due date of the payment to the date of the full payment.” However, E did not perform its obligation based on the conciliation agreement as of August 12, 2012, and it is in a state that there is no financial ability to pay the Plaintiff the principal and interest of the debt.

[Ground of recognition] The non-contentious facts, Gap 1 to 3 evidence (including additional numbers), the fact inquiry results against the Ministry of Land, Transport and Maritime Affairs of this court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion E and the Defendant C jointly purchased the instant real estate from Defendant B on August 7, 1998, respectively.

The first real estate shall be.

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