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(영문) 수원지방법원성남지원 2016.09.30 2016가단210305
소유권말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet that was owned by F (hereinafter “each of the instant real estate”), Suwon District Court, Sung-nam Branch of Gwangju District Court (Seoul District Court) issued on April 7, 2005, No. 16830, Oct. 5, 2002, the provisional registration of the right to claim the transfer of ownership in G name was completed, and on September 19, 2007, the additional registration of the right to claim the transfer of ownership was completed on September 19, 2007.

B. On February 4, 2008, N provisionally seized the right to claim the transfer of ownership of provisional registration against Defendant CF to preserve the loan claim 200 million won against Defendant C by Sungwon District Court Sung-nam Branch 2008Kadan621 (hereinafter “instant provisional attachment”), and on April 8, 2008, the entry registration was completed.

C. On March 16, 2011, Defendant C sold to the Plaintiffs the right to claim the transfer of ownership on each of the instant real estate, and subsequently, on March 17, 2011, Defendant C added the additional registration of the transfer registration of the right to claim the transfer of ownership to the Plaintiffs.

H against F, based on the collection order as to the right to claim ownership transfer of each of the instant real estate from F, Defendant C filed a lawsuit seeking the registration of ownership transfer under Suwon District Court Sung-nam Branch 2014Gahap8949, and the above court sentenced F to the judgment that “F shall implement the procedures for the registration of ownership transfer in Defendant C’s name to the execution officer I of Sung-nam branch of Suwon District Court on October 5, 2002, based on the provisional registration completed on April 7, 2005 by receipt No. 16830 on April 7, 2005, based on the provisional registration completed on April 1, 2002.”

E. According to the above judgment, the registration of ownership transfer under the name of the Defendant C was completed on June 1, 2015 with respect to each of the instant real estate, and the registration of ownership transfer under the name of the Plaintiffs was revoked.

F. Since then, this case’s real estate is subject to compulsory auction.

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