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(영문) 대전지방법원천안지원 2020.09.16 2020가단786
가등기이전말소절차이행
Text

1. On July 11, 2019, the Defendant rendered a decision on July 11, 2019 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 4, the plaintiff loaned KRW 1,340,110,000 to Eul under joint and several surety C around May 11, 2018. In order to secure the above claim, the plaintiff, on August 21, 2018, completed the provisional registration of the right to claim transfer of ownership on the ground of a pre-sale of the real estate stated in paragraph (1) of the attached Table No. 1 owned by the above company on the same day as the above company’s representative E’s real estate stated in paragraph (2) of the attached Table No. 2 of the E, and on July 11, 2019, the registration of transfer on the above provisional registration was completed on the ground of transfer on the same day without any legal ground.

According to the above facts of recognition, since the provisional registration of the right to claim ownership transfer on each real estate listed in the separate sheet is null and void, the defendant is obligated to implement the procedure for cancellation registration to the plaintiff.

Therefore, the plaintiff's claim is accepted.

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