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(영문) 의정부지방법원 2020.01.29 2018가단122359
가등기에 기한 본등기 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The Defendant, on June 5, 2014, as to the real estate listed in the separate sheet (hereinafter “instant loan”) between C and the former owner, as to the real estate (hereinafter “instant loan”).

4.1.A person who has completed the registration of ownership transfer based on the sale and purchase.

B. On the same day, the Defendant completed the registration of the establishment of the right to collateral security with respect to the loan of this case with D Association (hereinafter “D Association”) of the maximum debt amount of KRW 18 million, the debtor, the defendant, and the mortgagee D Association. On the same day, the provisional registration of the right to claim the transfer of ownership was completed on the same day as that of Nonparty E with respect to the loan of this case.

C. For the provisional registration of the above E name, the same year

8.6. The provisional registration right to claim ownership transfer on the 18th day of the same month, which was cancelled on the ground of cancellation, and again, on December 26 of the same year, becomes “A Housing Association Promotion Committee” (hereinafter referred to as “the provisional registration of this case”).

(D) On the other hand, the Plaintiff completed the inaugural general meeting on September 14, 2015 and obtained authorization for the establishment of a housing association from the Namyang-ju market on December 23, 2015, and comprehensively succeeds to the rights and obligations of the said promotion committee. [The Plaintiff is a housing association that comprehensively succeeds to the rights and obligations of the said promotion committee.]

A. The Plaintiff intended to purchase the instant loan from C in order to secure the business site of the Plaintiff’s housing association. The Plaintiff was unable to obtain a loan from a financial institution prior to the establishment authorization of the Plaintiff’s housing association, and entered into a sales contract with C in the name of the Defendant under the Defendant’s cooperation, and completed the registration of transfer of ownership in the name of the Defendant with respect to the instant loan borrowed from D association under the name of the Defendant, and completed the provisional registration of the instant loan with the Defendant as the

The implementation of the principal registration procedure based on the provisional registration of this case is sought.

B. The defendant as to this case's lending of this case's lending D. The defendant as the debtor.

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