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(영문) 의정부지방법원고양지원 2020.05.21 2019가단77442
가등기말소
Text

1. All of the lawsuits filed by the Plaintiff A Co., Ltd and the succeeding intervenors against Defendant G are dismissed.

2. Defendant F shall be the Plaintiff A.

Reasons

1. The basic facts

Defendant F’s claim for the transfer of all co-owners’ shares, the provisional registration of the transfer of all co-owners’ shares, the provisional registration of the transfer of all co-owners’ shares, and the provisional registration of the right to claim the transfer of ownership, and the registration of the transfer of ownership.

I and J owned one half each of the shares, and each of the real estates listed in Schedule 2 to 6 (hereinafter “instant 2 to 6”) in Schedule 2 to 6.

(2) Around September 2004, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) concluded a sales contract with I, J, and K (hereinafter “the above three persons”) to purchase each of the above real estate, and on November 10, 2004, the remainder was determined as of January 10, 2004 as of January 10, 2005 and borrowed KRW 300 million from Defendant F from the due date of payment and paid the purchase price to the Nonparty.

In the process, the Plaintiff completed the provisional registration with the Nonparty’s consent in order to secure the above loan obligation against Defendant F. 3) on November 1, 2004, Defendant F completed the provisional registration of the right to claim transfer of ownership transfer on the ground of a pre-sale agreement on November 10, 2004 as the receipt of the Ji Government District Court Goyang Branch Branch Branch Branch Office (hereinafter “Seoul Branch Office”) under Article 69806 on November 10, 2004. On the same day, the registration of the right to claim transfer of all co-owners’ share transfer of the real estate was completed on November 6, 2004, with the Goyang Branch Branch Office No. 69926, Nov. 11, 2004 (hereinafter “the provisional registration of this case”).

4) Defendant F, against the Nonparty, purchased each of the instant real estate from the Nonparty and paid all the purchase price, but completed the instant provisional registration in the think of the latter registration, so the Nonparty is obliged to make the principal registration based on the said provisional registration.

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