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(영문) 대전지방법원홍성지원 2013.06.05 2013가단2283

근저당권설정등기말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C, D, E, F (hereinafter “C, etc.”) filed an application with the Seoul Southern District Court 2004Kahap1850 of the Seoul Southern District Court for provisional disposition against the prohibition of disposal of real estate as preserved right with respect to the real estate owned by Sejong Development, including each real estate listed in the separate sheet (hereinafter “instant real estate”). On August 4, 2004, upon receipt of the provisional disposition order from the above court (hereinafter “provisional disposition”), the entry registration (the receipt number: 1801) was completed on August 6, 2004.

B. On August 5, 2004, the Plaintiff received a provisional disposition ordering the prohibition of disposal of the instant real estate by the court 2004Kahap131, and completed the registration on August 6, 2004 (the receipt number: 18002). On July 26, 2004, the Plaintiff entered into a pre-contract for sale and purchase of the instant real estate with the Sejong District Development Co., Ltd., and entered into a provisional registration on August 10, 2004, and completed the provisional registration on February 13, 2013.

C. C, etc. filed a lawsuit, including the implementation of the procedures for registering the establishment of additional facilities, with the Seoul Southern District Court 2005Gahap20508, based on the right to be preserved for the instant provisional disposition as the cause of the claim. On June 15, 2006, the settlement was concluded between C, etc. and the Sejong District Court on June 15, 2006 (hereinafter “the settlement in this case”) that “C, etc. implement the procedures for registering the establishment of additional facilities for the instant real estate, etc.”

Since then, C et al. did not execute the registration of creation of a new establishment following the settlement in this case, the Korea Exchange Bank, a creditor of the Sejong Development Co., Ltd., filed an application for the revocation of provisional disposition with respect to part of the real estate subject to provisional disposition including the real estate in this case, as Seoul Southern District Court 2010Kahap555, in subrogation of the development of the above tax office, and the above court was executed as the settlement in this case on August 27, 2010.