가등기말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A.D completed the registration of ownership transfer with respect to 1/2 shares out of land on December 13, 2016, and 1/2 shares out of land on January 19, 2017, and completed the registration of ownership preservation with respect to buildings on March 3, 2017.
B. D) On April 27, 2017, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) based on the trade reservation on the same day in the future.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 4 and 17, the purport of the whole pleadings
2. The assertion and judgment
A. On June 19, 2015, Plaintiff E, F, and D filed an application for provisional attachment on real estate in the name of H Co., Ltd., the representative of which was Plaintiff E, F, and D, and established G Co., Ltd. (Representative E, In-house director D) for the sale of mushroom seeds and the wholesale and retail of agricultural products. From May 24, 2016 to April 7, 2017, the Plaintiff leased KRW 520 million in total to E, F, and D, for purchase price for land and the construction cost for the relevant ground mushroom farm. The Plaintiff filed an application for provisional attachment on April 19, 2017, because the Plaintiff filed an application for provisional attachment on real estate in the name of H Co., Ltd., the representative of the Plaintiff, the provisional registration was completed on April 27, 2017, not on any ground for the provisional registration, and thus, the provisional registration was completed on April 27, 2017 by subrogationing the Defendant’s provisional registration to the effect of D’s provisional registration.
B. The reasoning of the judgment reveals that the provisional registration is a false provisional registration without any cause, and there is no other evidence to acknowledge that the provisional registration is a false provisional registration.
Rather, according to the statements in the evidence Nos. 1 and 2, the defendant is to lend the amount of KRW D and KRW 150 million on April 27, 2017 to 2% per month for interest and as of April 27, 2018 for the due date.