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(영문) 인천지방법원 2016.08.19 2015가단63090
가등기에대한 본등기이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On January 19, 2004, the Defendants completed the registration of ownership transfer with respect to each of the lands listed in the separate sheet (hereinafter “each of the instant lands”).

(1/2) each of the equity shares;

On May 26, 2006, the provisional registration of the right to claim the transfer of ownership in the name of D was completed on each land of this case, and on September 5, 2007, the additional registration of the transfer of the provisional registration was completed in the future of the Japanese Integrated Construction Co., Ltd.

C. On November 19, 2010, the Plaintiff received the principal registration based on the provisional registration on November 18, 2010 (hereinafter “instant transfer registration”) on each of the instant land on the ground of the following: (a) the additional registration on the transfer of the above provisional registration stated in the purport of the claim regarding the land in the attached list Nos. 1 and 2; and (b) the supplementary registration on the transfer of the above provisional registration stated in the purport of the claim regarding the land Nos. 3 and 4 stated in the same list on November 26, 2010 (hereinafter collectively referred to as “instant provisional registration”); (c) the Plaintiff completed the additional registration on each of the instant land on November 26, 2010.

On March 4, 2011, E, a creditor of the Defendants, filed a lawsuit against the Plaintiff, such as the Incheon District Court 201Kahap3561, and on October 4, 201, the sales contract for each of the instant land concluded on November 18, 201 between the Plaintiff and the Defendants was revoked on the ground that the sales contract for each of the instant land was fraudulent act. The Plaintiff was sentenced to the judgment of the Defendants that the procedure for the registration of cancellation of the instant transfer registration was performed. The said judgment was finalized on October 21, 201.

(hereinafter “instant final judgment”). E.

On May 22, 2015, according to the instant final judgment, the registration of the instant transfer, which was completed in the name of the Plaintiff, was revoked.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. As to each of the instant lands on November 26, 2010, the registration of transfer based on the provisional registration of this case was completed in the Plaintiff’s name on the instant land, so long as the implementation has been completed according to the principal land of the obligation under the above provisional registration agreement, the provisional registration of this case is completed.

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