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(영문) 서울서부지방법원 2019.06.26 2018가단223569
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties is as follows: D(Nam), Plaintiff B(Nam) and E(Nam) are as Plaintiff A’s children.

Plaintiff

A, around 1989, moved to the United States with her husband and the above children, and thereafter acquired the nationality of the United States along with the above children.

D on January 28, 2005, after completing the marriage report with F in Korea, D was residing in Korea.

Since April 3, 2017, D and F applied for the confirmation of the intention of divorce to be agreed upon to the court of Friju Branch of the Suwon District Court, and they are currently in dispute over divorce.

Defendant C (hereinafter “Defendant C”) is a company established by F on November 20, 2015, and F currently holds 70% of the total number of outstanding shares and is registered as an internal director.

B. Registration of transfer of ownership in the name of the Plaintiffs 1) Plaintiff A is the real estate listed in the [Attachment A] list (hereinafter “instant real estate 1”).

(2) On October 7, 2007, the Seoul Western District Court completed the registration of transfer of ownership on the ground of sale (transaction value of KRW 120,000,000) as of October 8, 2007, No. 61073, Jul. 12, 2007. (2) Plaintiff B completed the registration of transfer on the ground of sale (transaction value of KRW 120,000) as to the real estate listed in the [Attachment 2] list (hereinafter “instant real estate”) as of August 20, 207, No. 50238, Jul. 7, 2007, the registration of transfer was completed on the ground of sale (transaction value of KRW 83,00,00) as of the same registry.

C. Around July 2016, a sales contract with the Plaintiff A, an agent F, the Defendant Company, the purchaser of the instant real estate, the sales price of KRW 127,00,000 was concluded with respect to the instant real estate No. 1. The Defendant Company completed the registration of ownership transfer made on the ground of sale and purchase on September 26, 2016 as the receipt of Article 59768 on September 26, 2016 by the same registry office, around December 30, 2016. (2) Around December 5, 2016, a sales contract with the Plaintiff B, the F, the purchaser Company, the Defendant Company, the sales price of KRW 103,00,000 was concluded, and the Defendant Company purchased and sold the instant real estate on December 5, 2016 as the receipt of the same date on January 2, 2017 by the same registry office.

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