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(영문) 수원지방법원 2019.10.16 2018가단540144
소유권이전청구권가등기 말소등기
Text

1. The Defendants shall be the Plaintiff’s respective shares out of the land indicated in attached Table No. 1, as stated in attached Table No. 2.

Reasons

1. Claim against the defendant B

A. 1) The land listed in paragraph 1 of the attached Table 1 (hereinafter “instant land”)

(2) P completed the registration of ownership transfer as to the whole land of this case, each of which was completed on May 24, 2002 by the Suwon District Court No. 52816, No. 52817, No. 52819 through 5284, and the same registry office No. 107563, Oct. 23, 2002, with respect to the share of the land of this case from the plaintiff's clan members or their successors, who are the title trustee.

Q received from P on November 13, 2002 the ownership transfer registration (hereinafter referred to as "the second ownership transfer registration") from the Suwon District Court under 116173 on the land in this case.

3) Defendant B, C, D, G, and R, after the transfer registration of ownership was completed on November 13, 2002, Defendant B, C, D, and R, and Q from Q on November 13, 2002, for each of the instant 342.858/2,400 shares of the instant land, the Suwon District Court received 116173 from the Sungsung registry office as of November 11, 2002, “The provisional registration of the right to claim partial transfer of ownership based on B” (hereinafter “the instant provisional registration”).

(4) The Plaintiff filed a lawsuit against P for the cancellation of the first transfer of ownership and Q’s second transfer registration (U.S. District Court 2004Gahap8701), and the appellate court of the instant case (Seoul High Court 2006Na3008) on September 12, 2007, on the ground that the sales contract, which was the cause of the first transfer of ownership, was a juristic act that was a legal act that was a cause of the first transfer of ownership, was concluded upon the request of P to dispose of it in the future with the knowledge that P did not have the authority to dispose of it to the title trustee, and thus the first transfer of ownership is invalidated as a anti-social juristic act. Therefore, the first transfer of ownership is registered as invalid, and the second transfer of ownership is also registered as invalid.

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