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(영문) 인천지방법원 2020.01.22 2019가단206833
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a partnership agreement to purchase D and land and construct a new building.

As a result, on May 29, 191, the registration of ownership transfer was completed in the Plaintiff on May 29, 199 with respect to the 206 square meters in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and the registration of ownership preservation was completed in the Plaintiff on December 26, 1994 with respect to the three-story neighborhood living facilities and housing newly

(hereinafter referred to as “instant real estate” in total). In the Gu of the instant real estate, registration was completed as follows:

① Registration of provisional attachment (2) on December 22, 2010, which is a creditor D, claim amount 144,927,651. ② Registration of provisional attachment (2) on February 7, 2012 (registration of provisional attachment (registration of cancellation of provisional attachment as of October 10, 2013) (registration of provisional attachment) on February 22, 2012. (3) Registration of ownership transfer in the name of D on December 31, 2013. (4) Registration of compulsory commencement of auction (registration of provisional attachment as of December 23, 2014. (4) Registration of provisional attachment on December 23, 2014. (4) Registration of the establishment of mortgage on May 17, 2014. (1) Registration of the establishment of mortgage on the shares of the Defendant (4) (2) Registration of the establishment of mortgage on May 16, 2016. (3) Registration of the establishment of mortgage on May 17, 20196.

B. In the process of litigation between the Plaintiff and D, the Plaintiff filed a lawsuit against D seeking cancellation of the registration of the establishment of a mortgage over the above sub-paragraph (a).

D The transfer registration of ownership of one half of the real estate of this case and the amount of money against the plaintiff due to the liquidation of the partnership.

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