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(영문) 창원지방법원 2017.09.12 2016나58755

가등기말소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claim is dismissed, respectively.

3. The plaintiff as added by this court.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer by the Changwon District Court No. 734 on May 16, 198, with respect to the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”).

B. C has completed each registration of ownership transfer as to each of the real estate listed in the separate sheet Nos. 2 through 7 (hereinafter “instant real estate”) under the management support No. 11809, Jun. 19, 1996, which received on June 19, 1996.

C. Defendant B completed the provisional registration of the right to claim ownership transfer on July 19, 197, which was received on August 8, 1997 as the Common Support Act No. 17242, which was received on August 8, 1997, as to the real estate No. 2-7 of this case, (hereinafter “provisional registration No. 2”).

Defendant A completed the provisional registration of the right to claim ownership transfer on July 22, 2003, No. 1594, which was received on July 22, 2003, as to the instant real estate No. 1, as to the instant real estate No. 1, on July 21, 2003 (hereinafter “provisional registration No. 1”).

E. Based on the provisional registration of this case No. 2, Defendant B completed the registration of transfer of ownership on January 11, 2016, No. 712, which was received on January 11, 2016, based on a sale on December 31, 1997.

[Reasons for Recognition] Facts without dispute, significant facts in this Court, Gap 1, Eul 2's each entry (including branch numbers; hereinafter the same shall apply), Eul 2's each entry, the purport of the whole pleadings, and the purport of the whole pleadings

2. Judgment as to the main claim

A. On July 15, 2016, the Plaintiff filed an application with the Seoul Central District Court for a payment order claiming the payment of damages for delay calculated at the rate of 20% per annum from July 8, 2016 to the date of full payment with respect to KRW 28,953,264 of the said amount and KRW 5 million of the said amount with respect to C and D as Seoul Central District Court Decision 2016 tea261357 on July 15, 2016 (the Plaintiff waived the part of the claims against C and D, which exceeds the said money), and on August 1, 2016, “C and D shall jointly and severally pay the same money as the purport of the application.”