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(영문) 청주지방법원 2016.11.18 2016가단107622

가등기말소

Text

1. The plaintiff's lawsuit against the limited liability company of the new industry shall be dismissed;

2. The Plaintiff’s claim against Defendant B and C.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet is owned by the Plaintiff.

B. As to the real estate No. 1 listed in the separate sheet as of May 7, 2015, the Cheongju District Court (Cheongju District Court No. 62576, May 7, 2015), as to the provisional registration of the right to claim ownership transfer under the name of Defendant B, the provisional registration of the right to claim ownership transfer, and as to the real estate Nos. 2 and 3 listed in the separate sheet, the Cheongju District Court (Cheongju District Court No. 108870, Jul. 31, 2015) received as of July 30, 2015, the provisional registration of the right to claim ownership transfer was completed in the name of Defendant C due to the promise to trade on the same day. The registration of the right to claim ownership transfer under the name of Defendant C was completed in the additional registration before the provisional registration of the right to claim ownership transfer under the name of Defendant Yan Industrial Limited Company due to

[Ground of recognition] Unsatisfy, Gap evidence 1-3

2. The Plaintiff’s ex officio determination as to the legitimacy of the lawsuit against the Defendant New king Industrial Co., Ltd., the Plaintiff asserted against the Defendant C that the provisional registration of the right to claim ownership transfer under the name of the Defendant C, which was completed by the receipt No. 108870, July 31, 2015, as to the 2 and 3 real estate listed in the separate sheet, is null and void. The Plaintiff sought a cancellation of the provisional registration of the right to claim ownership transfer as to the 2 and 3 real estate listed in the separate sheet against the Defendant New king Industrial Co., Ltd., which was completed by the receipt No. 1533, Jan. 7, 2016, and sought a cancellation of the provisional registration of the right to claim ownership transfer as to the 2 and 3 real estate listed in the separate sheet. However, the additional registration under the name of the Defendant New king Industrial Co., Ltd., a new principal registration, is dependent on the registration of the right to claim ownership transfer, and there is no benefit to seek the additional registration.

3. Determination as to the Plaintiff’s claim against Defendant B and C

A. Each real estate stated in the attached list of the Plaintiff’s assertion is the Plaintiff’s business property and all of the above Defendants.