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(영문) 전주지방법원 2017.02.03 2014가단43382

사해행위취소 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty 1 Co., Ltd. (hereinafter “instant real estate”) completed the registration of initial ownership by the Jeonju District Court No. 59158, Sept. 16, 201, which was accepted on September 16, 2011.

B. Nonparty C completed the registration of transfer of ownership claim on October 12, 201, which was received on October 19, 201 by the Jeonju District Court and received on October 19, 201, under Article 66297, as to the instant real estate.

C. On December 14, 2012, C transferred the provisional registration of the right to claim ownership transfer to the Plaintiff. On December 14, 2012, the foregoing right to claim ownership transfer completed the registration of the foregoing right to claim ownership transfer registration under the Jeonju District Court’s indictment No. 81633 on December 14, 2012.

On May 7, 2013, the Plaintiff transferred the provisional registration of the right to claim ownership transfer to Nonparty D, and on May 8, 2013, the Plaintiff completed the registration of the right to claim ownership transfer under the Jeonju District Court’s indictment No. 30086 on May 8, 2013.

E. On May 8, 2013, the foregoing D completed the registration of ownership transfer for reasons of sale on May 8, 2013, based on the registration of the foregoing claim for ownership transfer. < Amended by Act No. 3087, May 8, 2013>

F. The foregoing D completed the registration of the right to claim ownership transfer on July 1, 2013, No. 50787, which was received on July 1, 2013, by the Jeonju District Court, to the Defendant on July 1, 2013.

[Reasons for Recognition] Evidence No. 2, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's cause of claim and judgment on the cause of claim

A. The provisional registration of D's claim for transfer of ownership is a provisional registration of security. D's claim for transfer of ownership is a provisional registration of security, and D's claim for transfer of ownership was not taken over only from the Plaintiff and the secured debt was not taken over. Therefore, although D's claim for transfer of ownership is null and void because D's claim for transfer of ownership is no secured debt, it is invalid, and therefore D's registration for transfer of ownership is null and void, and based on this, the defendant.