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(영문) 대구지방법원 2017.06.21 2017나1408
소유권이전등기말소등
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim as to the revocation is dismissed.

2...

Reasons

1. The court of first instance dismissed the plaintiff's main claim and accepted the conjunctive claim, and the defendant only appealed against it, and the court shall decide only on the plaintiff's conjunctive claim.

2. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned by C. On August 21, 1989, C completed the provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case”) on the ground of trade reservation on the instant real estate with respect to F on the same day.

B. On September 16, 2003, the Daegu District Court and its branch court rendered a provisional attachment decision ( Daegu District Court Decision 2003Kadan4217, Daegu District Court Decision 327,747,887, which caused the claim amount to be claimed as the preserved right (No. 2003Kadan4217, Jun. 17, 200). Accordingly, the provisional attachment registration of the real estate in this case was completed on the same day by having the claim amount to 327,747,887, and the creditor's substitute title registered provisional attachment registration of the real estate in this case.

(hereinafter referred to as the “registration of provisional seizure of this case”).

On October 31, 2003, Han-man transferred the instant obligation to the Plaintiff, and notified C of the assignment of the said obligation.

A, while purchasing the instant real estate from C, agreed with C, etc. to divert the provisional registration of this case, completed the additional registration before the provisional registration of this case with respect to the instant real estate on September 14, 2004, and completed the principal registration based on the provisional registration of this case.

Accordingly, the registration of provisional seizure of this case was cancelled ex officio on November 8, 2004.

E. As to the instant real estate, A, on September 14, 2004, completed the registration of creation of a mortgage on the maximum debt amount of 350,000,000 won to the Foreign Agricultural Cooperative, and on September 14, 2001, the debtor A, and on February 24, 2009, the maximum debt amount of 375,00,000,000 won to the Cheongsung F&D Co., Ltd (hereinafter “Cheongsung F&D”).

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