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(영문) 춘천지방법원 2014.07.22 2013가단12009
가등기 회복 등기
Text

1. Defendant C: The Hongcheon District Court on January 1, 2005, with respect to the real estate stated in paragraph 1 of the attached list to Plaintiff A.

Reasons

1. Facts of recognition;

A. On December 27, 2002, Defendant C sold land located in D, E, F, and G 4 lots to the Plaintiffs and H.

B. In order to secure the Plaintiffs and H’s right to claim for ownership transfer registration under the above sales contract, Defendant C completed the registration of the right to claim ownership transfer registration on the ground of each pre-sale agreement with respect to the building indicated in paragraph (1) of the attached Table (hereinafter “instant building site”) owned by Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, 656 square meters (hereinafter “instant building site”) as of March 26, 2003 by the Hongcheon District Court, Hongcheon-gun, 506 square meters, which was received on March 26, 2003.

C. Around January 2005, Defendant C cancelled each of the above provisional registrations completed with respect to the instant building and its site, and proposed that the instant building and its site should be loaned to the Plaintiff as a collateral, and then a provisional registration should be established on the instant building and its site. In response to the proposed proposal, each of the above provisional registrations was cancelled on January 5, 2005 by the same registry office.

In accordance with the above proposal, Defendant C completed the registration of the right to claim ownership transfer on the land of the instant building site and the land listed in Paragraph 2 of the attached Table (hereinafter “instant land”) by the Hongcheon District Court, Hongcheon District Court, 2005, No. 836, Jan. 14, 2005, as to the instant building site and the land listed in Paragraph 2 of the attached Table (hereinafter “instant land”). However, Defendant C had not completed the provisional registration again on the instant building.

(B) The provisional registration completed with respect to each real estate of this case (hereinafter “each of the instant provisional registration”).

Defendant C, around June 23, 2008, cancelled the provisional registration of the Plaintiff A, which had been completed in the future of the Plaintiff A, which had been established with respect to the instant land, and then, would complete the provisional registration of the instant land again after selling a part of the said land in installments.

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