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(영문) 대전지방법원 2014.09.26 2013나9862

근저당권설정등기말소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C, D, E, and F (hereinafter “C, etc.”) filed an application for a provisional injunction against disposal of real estate owned by Sejong Development Co., Ltd. (hereinafter “Sho Development”), including each real estate listed in the separate sheet (hereinafter “instant real estate”), with respect to the real estate owned by Sejong District Court 2004Kahap1850, Seoul Southern District Court Decision 2004Kahap1850, and completed the provisional injunction on August 6, 2004, upon receipt of the provisional injunction order from the above court on August 4, 2004 (hereinafter “provisional injunction”).

B. On August 5, 2004, the Plaintiff received a provisional disposition prohibiting the disposal of the instant real estate by this Court (2004Kahap131) and completed the registration on August 6, 2004 (18002). On July 26, 2004, the Plaintiff entered into a pre-sale agreement with the tax office development with respect to the instant real estate and completed the provisional registration on August 10, 2004, and completed the principal registration on February 13, 2013 based on the above provisional registration.

C. C, etc. filed a lawsuit, including the implementation of the procedures for registering the establishment of additional facilities, with the Seoul Southern District Court 2005Gahap20508, based on the right to be preserved for the instant provisional disposition as the cause of the claim. On June 15, 2006, a settlement was concluded between C, etc. and the tax office development (hereinafter “the settlement in this case”) that “C, etc. implement the procedures for registering the establishment of additional facilities on the instant real estate, etc.”

Since then, as C et al. did not execute the registration of creation of additional facilities based on the settlement in the instant case, the Korea Exchange Bank, a creditor of Sejong Development, filed an application for revocation of provisional disposition with the Seoul Southern District Court 2010Kahap555 on the part of the real estate subject to provisional disposition, including the instant real estate, in subrogation of the development in the above detailed area, and the said court may execute the provisional disposition for a long time, even though it can be deemed as the settlement in the instant case on August 27, 2010.