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(영문) 인천지방법원 2018.03.14 2017가단229894

가등기말소

Text

1. Defendant C Co., Ltd. shall register with the Incheon Central District Court on January 2, 2004 with respect to 248.2 square meters in Jung-gu Incheon Central District Court in relation to E.

Reasons

1. Basic facts

A. On October 21, 2010, the Incheon District Court filed a lawsuit against the Plaintiff on the claim for return of profits of 209Gahap804, the Plaintiff’s preserved claim against E, and the Incheon District Court rendered a final judgment on October 21, 2010 that “E shall pay to the Plaintiff 228,474,226 won and 10,500,000 won from February 16, 2008, and 110,500,00 won from January 6, 2009 to October 6, 17,974,226 won each year from January 15, 2010 to October 21, 2010, the above judgment became final and conclusive around that time.”

B. The Plaintiff’s provisional attachment registration on the instant real estate owned by E, the Defendants’ provisional registration, and each establishment registration of a neighboring mortgage on the instant real estate (1) E is the owner of the instant real estate, the ownership of which was completed the registration of ownership transfer on October 26, 2001 due to sale and purchase on October 26, 2001. (2) The Plaintiff completed the provisional attachment registration on the grounds of the Incheon District Court 2009Kadan30538, Dec. 28, 2009, the claimed amount of KRW 210,500,000.

3) As to the instant real estate on January 30, 2007, Defendant B completed the provisional registration of the right to claim ownership transfer under the Incheon District Court’s registry No. 5216, Jan. 30, 2007, which was received on January 30, 2007. 4) Defendant C Co., Ltd. (hereinafter “Defendant C”) on the instant real estate, on the ground of the contract to create a collateral security, which was concluded by the Incheon District Court’s registration office No. 51, Jan. 2, 2004, on the ground of the contract to create a collateral security (hereinafter “Defendant C”) with respect to the instant real estate.

5 The Defendant D, his mother, completed the registration of creation of a mortgage on the instant real estate as the date of the establishment of a mortgage agreement with the Incheon District Court No. 34986, Jul. 29, 2005, based on the maximum debt amount of July 29, 2005; and the debtor E, based on the mortgage agreement with the obligor E.

C. Insolvent E does not have active property other than the instant real estate at present, and as seen above.