가등기말소
1. The Defendant is the Changwon District Court with regard to the Plaintiff’s forest C, 4,562 square meters and 263 square meters of D forest land in Chungcheongnam-dong, Chungcheongnam-do.
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) The Plaintiff’s respective real estate indicated in paragraph (1) of the disposition, owned by the Plaintiff, with E, etc. (hereinafter “each of the instant real estate”).
(2) Around August 2011, 201, E, etc. delegated the authority to dispose of each of the instant real estate to H, who was the representative director of G Co., Ltd. (hereinafter “G”), and the Plaintiff issued documents necessary for the registration of transfer of ownership of each of the instant real estate at the request of H.
3) On August 11, 2011, H is entitled to the provisional registration of the right to claim transfer of ownership as stated in Paragraph 1 of the Disposition based on the purchase and sale reservation against I (hereinafter “instant provisional registration”).
On May 29, 2012, I completed the registration of transfer of the above provisional registration on the ground of transfer of the right to claim for transfer of ownership to the Defendant on May 29, 2012. 4) However, H merely completed the provisional registration of this case upon requesting I to dispose of each real estate in order to raise G funds, and the Plaintiff or E and H did not bear the obligation to become the secured claim of the above provisional registration against I, and they did not have an indivisible relationship between I and the Defendant.
5) The Defendant received a provisional registration registration from I, etc. under the pretext of a provisional registration under the pretext of a security provisional registration without undergoing a procedure to confirm whether I has the authority to register the provisional registration of this case (i.e., the right to represent the establishment of the provisional registration for security) from the Plaintiff, etc., who is the owner. Meanwhile, the Defendant against the Plaintiff on the premise that the provisional registration of this case is a valid provisional registration for security under the premise that the provisional registration of this case is a valid provisional registration against the Plaintiff.