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(영문) 서울중앙지방법원 2018.07.12 2017가합548188
가등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in [Attachment 1] List 1 (hereinafter “instant land”), Attached 1 List 2 (hereinafter “instant building”) and Attached 2 (hereinafter “instant land and building 2”) (hereinafter “instant real estate”) listed in Attached 1 List 1 List 1 List 2.

B.1) On April 19, 2013, D completed the provisional registration of the right to claim ownership transfer on the ground of a pre-sale agreement made on April 18, 2013 (hereinafter collectively referred to as “the provisional registration of the instant land No. 1 and No. 1) with respect to the respective two-thirds shares of the instant land and No. 1, E, with respect to the respective one-third shares of the instant land and No. 1, respectively, and the provisional registration of the instant building No. 1 and No. 1, respectively.

2) On April 29, 2013, E completed the provisional registration of the right to claim transfer of ownership on the ground of the pre-sale agreement as of April 29, 2013, with respect to the land No. 2 and building No. 2 in this case.

(hereinafter referred to as the “Provisional Registration No. 2” in total, of the provisional registration for the land No. 2 and the building No. 2.

On April 14, 2016, the Plaintiff borrowed KRW 60,000,00 from the Defendant’s Intervenor on May 14, 2016 as the due date for payment without interest (hereinafter “instant loan contract”), and KRW 50,000,00 among the loans, used KRW 10,000 as the withdrawal agreement amount of the voluntary auction case (former District CourtF and creditor G) where the Plaintiff had been proceeding on real estate owned by the Plaintiff, and KRW 10,00,000 as the instant provisional registration in the name of E on the instant land 2 and building 2, and the instant provisional registration in the name of D and E on the instant land 1 and building 1, and the instant registration in the name of D and E, as the cost for transferring the name of the Defendant.

The defendant guaranteed the defendant's above loan debt against the defendant joining the defendant.

1. D, E, and the defendant, in the presence of an attorney-at-law on April 14, 2016, are obligated to make a provisional registration on April 18, 2013 with respect to the land No. 1 and the building No. 1 and the building No. 1.

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