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(영문) 춘천지방법원원주지원 2017.09.28 2017가합5415
소유권이전등기
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. On December 23, 1994, the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) concluded a bill trading agreement with the Information and Leisure Industry Co., Ltd. (hereinafter “Information and Leisure Industry”) and loaned KRW 1,400,000,000 to the Information and Leisure Industry. On August 30, 1996, when concluding an additional bill trading agreement with the Information and Leisure Industry, it extended KRW 1,600,000 to the Information and Leisure Industry by additionally increasing the amount of KRW 1,60,000 in the Information and Leisure Industry. In sum, it loaned KRW 3,00,000 in the Information and Leisure Industry.

B. On January 8, 2007, the East Leisure Industry filed a lawsuit against the Defendant A claiming the implementation of the procedure for ownership transfer registration on the ground of sale on December 26, 1996, with the Seoul District Court’s Seoul District Court’s Seoul District Court Decision 2007Gadan698 (hereinafter “instant Real Estate 1”).

After that, on July 19, 2007, the conciliation was established on July 19, 2007 (hereinafter “instant conciliation”) that “Defendant A shall carry out the procedure for ownership transfer registration for the instant real estate 1 in the East Leisure Industry on December 26, 1996” (hereinafter “instant conciliation”).

C. On March 12, 2007, the East Leisure Industry filed a lawsuit against Defendant B claiming the implementation of the procedure for ownership transfer registration on the ground of sale on August 8, 1997, with respect to the 33,223m23m2 of land D (hereinafter “instant real estate”).

On June 8, 2007, the ruling of recommending reconciliation (hereinafter "the ruling of recommending reconciliation in this case") was made on June 28, 2007 that "the defendant B shall implement the procedure for the registration of ownership transfer with respect to the real estate No. 2 in the East Leisure Industry on August 8, 1997 with respect to the real estate No. 2 in this case", and the ruling of recommending reconciliation in this case became final and conclusive on June 28, 2007.

The Promotion Savings Bank was declared bankrupt on May 20, 2013 by Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as the trustee in bankruptcy of the Promotion Savings Bank on the same day.

E. The Plaintiff on January 2015

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