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(영문) 춘천지방법원강릉지원 2016.01.20 2015가단21680
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 14, 2013, the former owner of F 1,653 square meters of land for a factory in Gangseo-gu, Gangnam-si (hereinafter “the land before subdivision”), G 223 square meters of land for a factory in G before annexation, and H 147 square meters of land for a factory in G before annexation (hereinafter “instant two parcels of land before annexation”) was completed on June 14, 2013 with E the ownership transfer registration on each of the above parcels of land (hereinafter “instant ownership transfer registration”).

B. The land before and after the annexation was merged on September 17, 2013 and became the real estate of this case. The land before the subdivision was divided into the instant land ①, ③, and ④ real estate, respectively.

C. On June 30, 2014, E completed the registration of ownership transfer with respect to the instant real estate to Defendant B, ② the first registration of ownership transfer with respect to real estate, ③ the second registration of ownership transfer with respect to the instant real estate to Defendant C, and ④ the third registration of ownership transfer with respect to the instant real estate to Defendant D.

[Grounds for recognition] Unsatisfy, Gap evidence 4-1-4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) the J led to the construction and sale of a new land and a new land-to-land-to-land-to-land lease prior to the subdivision that was owned by I, and acquired the ownership of each of the above land under the name of E for the foregoing project progress.

(2) In other words, the instant transfer registration of ownership, which was completed under the name E with respect to the land before subdivision and the land before annexation, is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name.

(3) However, the Defendants are well aware that the instant transfer registration was completed in accordance with the title trust agreement, and actively participated in the J and completed the registration of ownership transfer from the land before the division from E, the title trustee.

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