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(영문) 수원지방법원안양지원 2016.05.12 2015가단13186

건물인도

Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 8, 9, 10, 11, and 8.

Reasons

If a provisional disposition is registered, the debtor and the third party are binding upon the registration of the provisional disposition, which means that the creditor can deny the validity of the disposition in case where the debtor violates the contents of the provisional disposition and then the debtor conducts a disposal of the target real estate to a third party.

In addition, even after the registration of prohibition of the provisional disposition on real estate has been entered valid, the status of the provisional disposition creditor alone does not have the right to claim cancellation of the registration made after the provisional disposition is made, and the creditor of the provisional disposition can make a claim for cancellation of the registration made after the provisional disposition is registered in favor of the principal case.

(2) On November 1, 2013, the Plaintiff entered into a sales contract with C as the purchase price of KRW 2,35,00,000 with respect to the real estate listed in the separate sheet as indicated in C, and entered the ownership transfer registration claim on November 1, 2013 as the preserved right to the real estate indicated in the separate sheet as indicated in the separate sheet, and entered the provisional disposition of KRW 20,000,000,000,000 as KRW 2,35,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00.