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(영문) 서울서부지방법원 2016.04.28 2015가합4054
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

On July 14, 2005, the Plaintiff and five persons, including the Plaintiff, B, D, and E (hereinafter “Plaintiffs, etc.”) concluded a payment agreement between the Defendant and the Defendant on the 15th floor complex building owned by the Defendant, which is owned by the Defendant, in lieu of the Defendant’s repayment of the Defendant’s loan obligation to the Plaintiff, etc. (hereinafter “instant payment agreement”). Thus, the Defendant asserts to the effect that the Plaintiff is liable to implement the registration procedure for ownership transfer of each of the instant real estate located on the ground of the instant payment agreement.

Therefore, even based on the Plaintiff’s assertion itself, the Plaintiff is only one of the obligees of the instant accord and satisfaction agreement, and it is difficult to view that the instant accord and satisfaction agreement alone has specified the real estate subject to accord and satisfaction with the Plaintiff, etc., and the Plaintiff’s assertion is without merit.

Therefore, all of the plaintiff's claims are dismissed as it is without merit. It is so decided as per Disposition.

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