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(영문) 대전지방법원 2020.04.08 2019나115325
가등기말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted to the court of first instance was presented to this court.

Therefore, the reasons for this court's statement are as follows, given that the reasons for the judgment of the first instance are the same as the reasons for the judgment of the court of first instance.

2. Parts used or added;

A. The part 1) The second part of the judgment of the court of first instance stated in Paragraph 1(8) as “written claim”, the second part of Paragraph 11 as “(2016Kadan10209)”, and the second part as stated in Paragraph 11 as “(2) of the same Article, i.e., the Daejeon District Court Hongsung Branch 2016Gadan10209)”, and the seventh part as 7th to 19th to 8 second part as “no.”

2) It is common to proceed with the auction procedure after writing. Even if the auction court did not write the assumed expression "the purchaser is able to take over a provisional registration," and it stated "the purchaser is able to take over a provisional registration without cancelling the provisional registration," it shall not state the nature of the provisional registration or the substantive legal judgment of the purchaser to the effect that the purchaser will take over the right on the provisional registration finally, but it shall be a general expression of the above contents, which stated the purport that the provisional registration can be taken over at the time of preserving the order, rather than the provisional registration on the provisional registration, and it shall not be deemed that there is a sale condition that the provisional registration in this case is taken over by the buyer according to the above description, even though there is no change in the sale condition. (b) The issue of whether the provisional registration is a provisional registration on the registry or at the time of the registration is not formally determined by the type of documents, but shall not be determined by the substance of the transaction and the parties to the transaction.

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