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(영문) 인천지방법원 2018.04.06 2017나62955
가등기말소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The defendant's defense of this case is unlawful, since the lawsuit of this case was filed after the exclusion period has expired.

In a case where a provisional registration has been made for preserving a claim for transfer of ownership in the name of the beneficiary for a real estate owned by an obligor, and the principal registration of transfer of ownership has been completed based on such provisional registration, unless the juristic act which is the cause for registration of provisional registration and the juristic act which is the cause for registration of principal registration are clearly different, the juristic act which is the cause for registration of principal registration shall be established, and it shall not be deemed that only the cause for registration of principal registration is the object of revocation. Thus, the limitation period of a lawsuit for revocation of a fraudulent act shall not be deemed to have run from the

(1) On January 6, 2012, C concluded a pre-sale contract (hereinafter “instant pre-sale contract”) with the Defendant on January 6, 2012, and completed the provisional registration of the instant loan on March 23, 2017 (hereinafter “the instant provisional registration”). On the same day, C concluded a pre-sale contract (hereinafter “instant pre-sale contract”) with the Defendant on March 24, 2017, and concluded a pre-sale contract with the Defendant on March 24, 2017 (hereinafter “instant pre-sale contract”). The Defendant transferred KRW 300,000,000,000,000 from March 24, 2017 to KRW 25,000,000 to KRW 301,000,000,000,000,000,000,000,000 won to KRW 305,00,00,000 under the name of the Defendant’s joint and several surety.

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