logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.06.16 2015가합36235
소유권말소등기
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. On April 18, 2007, the registration of ownership transfer was completed under the name of the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”), and on January 6, 2012, the registration of ownership transfer was completed under the name of the Defendant B. On April 25, 2012, the registration of ownership transfer was completed under the name of the Seoul Western Trust Co., Ltd. (hereinafter “Korea Asset Trust”), and on April 25, 2012, the registration of ownership transfer was completed under the name of the Defendant for the trust (hereinafter “instant registration of ownership transfer”) under the name of the Seoul Western Trust on the same day as the receipt of the Yongsan District Court’s Yongsan Branch on April 25,

B. 1) C has the right to claim the cancellation of the ownership transfer registration on the instant real estate as a preserved right, and as a debtor, the Defendant Indones Trust, the Seoul Central District Court 2012Kahap1131 filed an application for the provisional injunction against the disposal of real estate, and on May 17, 2012, revoked the execution of the provisional injunction on May 24, 2012. In addition, the Seoul Western District Court 2013Kahap567 filed an application for the provisional injunction against the disposal of real estate on May 8, 2013 and received the provisional injunction against the disposal of real estate from the Seoul Western District Court 2013 Seo-gu Seoul Western District Court 2013, the right to claim the cancellation of the ownership transfer registration on the instant real estate as a preserved right on the ground of the cancellation of the provisional injunction against the disposal of real estate, and the debtor trust with the Seoul Central District Court 2013Da53137, May 23, 2013.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Whether the lawsuit of this case is lawful

A. Under the premise that the Plaintiff, prior to the draft of the Defendant Rose of Sharon trust, filed the instant lawsuit against the Defendants, based on the premise that the Plaintiff had a claim to refund the deposit of KRW 375 million against the Defendant B, a trust agreement on the instant real estate concluded on April 25, 2012 between the Defendants is the Defendant B.

arrow