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(영문) 서울중앙지방법원 2015.10.16 2015가단5000499
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The plaintiffs' assertion

A. The Plaintiffs purchased each apartment unit (hereinafter “each apartment unit”) as indicated in the “mark of real estate” column in the attached Table No. 1 of the apartment unit (hereinafter “instant apartment unit”) among apartment units to be constructed on the ground (hereinafter “the apartment unit”) from Goyang-si, Seosan-gu, Q, etc. from the ASEAN Co., Ltd. (hereinafter “the company outside Korea”). The Plaintiffs filed a lawsuit claiming the cancellation of each sales contract for the apartment unit and the return of the sales price against the non-party company as 2009Gahap34172, the total number of buyers of the instant apartment unit including the Plaintiffs, filed a lawsuit against the non-party company seeking the return of the sales price.

B. The above 103 buyers provisionally attached the non-party company's property to the right to claim the return of the sale price against the non-party company as preserved right, and on September 30, 2009, in this case of provisional attachment No. 2009Kadan7505 of this court, mediation was established that "the buyer withdraws the application for provisional attachment, and the non-party company shall provide cooperation necessary for provisional attachment of each apartment unit 96 households where the buyer requests it within two months after the first court sentenced the above case No. 2009Gahap34172 of this case."

(hereinafter referred to as “instant protocol of mediation”) C.

On November 23, 2009, the non-party company entered into a trust agreement with the Defendant (hereinafter “instant trust agreement”) and completed the registration of ownership transfer with respect to the instant apartment in the name of the Defendant. However, under the instant trust agreement, the Defendant agreed to cooperate with the said buyer in provisionally seizing the relevant 96 household units in accordance with the instant trust agreement.

In the above 209Gahap34172 case, the buyer, including the plaintiffs, was sentenced to the winning judgment of the buyer on August 25, 2010, and on September 17, 2010, the buyer requested the non-party company to cooperate with the provisional attachment of the above 96 household on September 17, 2010 before the two months have elapsed.

E. Accordingly, the non-party company.

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