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(영문) 수원지방법원 2019.01.24 2017가단531440
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be those resulting from the acceptance of the lawsuit;

Reasons

1. Facts of recognition;

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”) under the Plaintiff’s name, the registration for transfer of ownership was completed in the name of Suwon District Court (Seoul District Court No. 1433, May 9, 2014) due to the purchase and sale on May 8, 2014; and again, the registration for transfer of ownership was completed in the Defendant’s name on August 20, 2015 as the receipt No. 29311, August 20, 2015, by the same registry office (hereinafter “instant real estate”).

B. On July 27, 2017, while the instant lawsuit was pending, the Defendant sold the instant real estate to the Defendant’s Intervenor, and the Defendant’s Intervenor who acquired the instant real estate completed the registration of ownership transfer as to each one-half of the instant real estate under the Songwon District Court’s registration office No. 32743, Sept. 25, 2017.

C. On the other hand, on April 11, 2016, the Defendant filed a lawsuit against the Plaintiff seeking delivery of the first floor among the buildings listed in the attached Table No. 2016da4186 (hereinafter “related lawsuit”) and received a favorable judgment on June 17, 2016.

The plaintiff appealed from Suwon District Court No. 2016Na13175, but on April 27, 2017, the dismissal of appeal was sentenced on April 27, 2017, and the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, 2, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s primary claim 1) Although the Plaintiff did not conclude a sales contract with E on the instant real estate, the registration of ownership transfer is null and void since E, along with E F, forged documents related to registration, such as a sales contract in the Plaintiff’s name, and completed the registration of ownership transfer in the name of E, and the registration of ownership transfer is null and void. Therefore, the Defendant’s Intervenor is obliged to implement the registration procedure for ownership transfer based on the registration of ownership transfer null and void.

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