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(영문) 대전지방법원천안지원 2016.11.15 2016가단103503

근저당권말소

Text

1. On July 2012, 2010, the Defendant rendered a U.S. Branch of the Daejeon District Court on the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On August 1, 2012, the Plaintiff filed a lawsuit against C with this court for the return of loans under the 2012da16366, and decided on November 22, 2012, “C shall pay to the Plaintiff 50 million won and the amount calculated at the rate of 20% per annum from August 9, 2012 to the date of full payment.” The Plaintiff appealed with Daejeon District Court 2012Na21414 and the appellate court decided on May 10, 2013 in lieu of conciliation that “C shall pay the Plaintiff KRW 50,000,000,000” was finalized.

B. Meanwhile, on July 5, 2012, C entered into a pre-sale agreement with D and E on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the husband of D and E as to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) and entered into a provisional registration for transfer of ownership as to each of D and E’s shares (hereinafter “instant pre-sale agreement”). The provisional registration for transfer of ownership is each of the instant provisional registration for transfer of ownership as of July 6, 2012, as of each of the 1/2 shares in D and E’s respective shares.

The court completed the proceedings.

C. D and E, April 8, 2015, with respect to shares of 1/2 shares of each of the instant real estate, the Daejeon District Court’s Masan Branch Office of the Daejeon District Court, No. 20287, Apr. 8, 2015, “this case’s ownership transfer registration based on the provisional registration of the right to claim ownership transfer registration” is “the ownership transfer registration of this case”.

(d) complete the proceedings.

On January 8, 2015, the Plaintiff filed a lawsuit against D and E including the revocation of fraudulent act, etc. by the court against D and E, and filed a judgment against the Plaintiff on January 8, 2015. However, on January 12, 2016, the Daejeon District Court 2015Na100653 (C and D and E) rendered a final judgment on January 12, 2016, “The sales contract between D and D are null and void by means of false conspiracy, and the provisional registration of the right to claim ownership transfer registration and the subsequent registration are all void. Therefore, D and E were sentenced to the judgment that “D and E implement the procedure for the provisional registration of ownership transfer of this case and the cancellation registration of the ownership transfer registration of this case,” and filed a final appeal by D and E, but Supreme Court Decision 2016Da20971, May 27, 2016.