(영문) 의정부지방법원 2018.08.17 2017가단123133

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(영문) 의정부지방법원 2018.08.17 2017가단123133

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff owned all of the land of this case (hereinafter collectively referred to as “each of the instant land”). The registration of ownership transfer under the Defendant’s name (hereinafter referred to as “the instant provisional registration”) was completed on October 2, 2014, from the Macheon District Court’s receipt of No. 37083, Oct. 2, 2014 to October 2, 2014. The provisional registration of the Defendant was completed on December 29, 2014, with the same registry office No. 49367, Dec. 29, 2014.

B. The Plaintiff filed a lawsuit against the Defendant for the claim for cancellation of ownership (hereinafter “prior action lawsuit”), and the Defendant was sentenced to the Plaintiff to implement the procedure for cancellation registration of the instant provisional registration and the instant transfer registration. However, in Seoul High Court 2016Na2036858, the appellate court, drafted a written agreement with the Defendant (hereinafter “instant agreement”) with the following contents, and withdrawn the prior lawsuit on November 28, 2016.

1. A(A) confirms that the ownership of B B 572 square meters and C 49 square meters (hereinafter “the instant real estate”) is against B YA (A).

2.B shall bear the full amount of the secured obligation (Namwon Livestock Industry Cooperatives, D) for the present deferred real property.

3. A confirms that with respect to a building under construction on the ground of this case which was built before the change in the name of the owner, A bears the obligation to pay the construction cost incurred prior to the change in the name of the owner, and that B does not have any obligation to pay the said obligation.

4. Eul shall complete the building on the ground at its own expense within a month after the construction of this Chapter, and shall transfer its ownership to any person designated by Gap or Eul, 501, 502, or 503 of the urban-type residential houses as completed after completion.

5. A shall register cancellation of ownership filed against B.

유사 판례

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-서울남부지방법원 2018.11.08 2017가합965

-대구지방법원 2017.11.10 2016가합203098

-서울고등법원 2014.11.20 2014나2411