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(영문) 인천지방법원 2019.11.08 2018나70816 (1)
지역권설정등기말소 청구의 소
Text

1. Revocation of the first instance judgment.

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

3.Paragraph 1. of the annex.

Reasons

1. The reasons for this part of the facts of recognition are as follows in the following part of the part 8th sentence of the first instance judgment, “(a)” (hereinafter collectively referred to as “regional jurisdiction in the name of the Defendant”) and “B evidence No. 2” are added to the part 12th and the part 21 next to the first instance judgment, except for adding the following to the part 21th sentence, and thus, it is identical to the corresponding part of the reasoning of the first instance judgment. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

A person shall be appointed.

Other. On April 20, 2019, the Plaintiff’s succeeding intervenor continuously purchased shares on the instant road from the Plaintiff and completed the registration of transfer of shares on May 2, 2019.

A person shall be appointed.

2. The assertion and judgment

A. Determination on the cause of a claim 1) After a provisional disposition is registered for the prohibition of disposal of real estate in a lawsuit on the merits of the case, the effect of the provisional disposition may be denied within the scope of the right to be preserved upon a final and conclusive judgment rendered in favor of the creditor in the lawsuit on the merits of the case. In this case, whether the disposal act is in conflict with the provisional disposition is determined by the registration following the disposal act and the prior registration of the provisional disposition. In this case, the registration of the restriction on disposal conducted after the registration of the provisional disposition does not interfere with the acquisition by the creditor on the ownership of the creditor on the provisional disposition, and the registration is not cancelled. However, to the extent that it is in conflict with the acquisition by the creditor on the provisional disposition, the restriction on the acquisition or disposal of the right registered after the registration of provisional disposition cannot be set up against the creditor on the provisional disposition (see, e.g., Supreme Court Decisions 200Da65819, Feb. 28, 2003; 2015Da202360, Jul. 9, 2015>

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