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(영문) 대구지방법원 2020.05.21 2018나322591
부동산인도 등
Text

1. Of the judgment of the court of first instance, the part against the principal action ordering payment shall be revoked.

Plaintiff .

Reasons

1. Facts of recognition;

A. As to each real estate listed in the separate sheet of real estate (hereinafter “the instant real estate” and, in the case of specification, the sequence is indicated), the registration of preservation of ownership was completed on June 2, 2006 with I as the owner on the basis of the provisional injunction applied by the J, which was filed by the creditor of I (hereinafter “I”) by the creditor of the corporation I (hereinafter “I”).

B. On August 28, 2006, the ownership transfer registration based on payment in substitutes was completed under the name of J on November 20, 1995 with respect to the instant real estate, and on March 27, 2007, K Co., Ltd. with the provisional registration authority (hereinafter “K”) made a provisional registration for the right to claim ownership transfer on the ground of a pre-sale as of January 4, 2007.

(hereinafter “Provisional Registration of this case”). C.

L Co., Ltd. (hereinafter “L”) completed the registration of ownership transfer on December 2, 2008 with respect to each of the instant real estate on November 24, 2008.

Around May 2, 2013, M Co., Ltd. (hereinafter “M”) completed the supplementary registration prior to the provisional registration of this case on the ground of transfer of contract on April 10, 2013 with respect to the instant real estate No. 2, while N Co., Ltd. (hereinafter “N”) completed the principal registration based on the instant real estate No. 1 and 3 real estate.

As a result, L's ownership transfer registration was cancelled.

On the same day, A Co., Ltd. (hereinafter “A”) completed the registration of ownership transfer on the instant real estate based on the trust dated April 25, 2013.

E. On April 6, 2018, the Plaintiff completed the registration of ownership transfer due to sale on October 24, 2017 with respect to each of the instant real estate, which was in the process of the first instance trial following the procedures for disposal of trust property.

F. Around the date of the closing of argument in the first instance trial, Defendant E was residing in the instant real estate, while Defendant C was residing in the instant real estate Nos. 2 and 3, together with Defendant C’s spouseO (P). However, after the first instance judgment was rendered, Defendant E was provisionally executed on January 19, 2019 with the Plaintiff’s provisional execution.

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