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(영문) 부산지방법원 2016.04.08 2015나48358
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation concerning this case is based on the second-class judgment of the court of first instance.

In addition to the following cases, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure

(B) The Plaintiff’s assertion 1 on the conjunctive claim is: (a) if the cause of the provisional registration of this case is a pre-sale, the right to complete the pre-sale had already ceased to exist prior to the completion of the principal registration of this case; (b) if the cause of the provisional registration of this case exceeds the principal and interest of a loan at the market price of the building of this case which is the object of payment in substitution, and thus, violates Articles 607 and 608 of the Civil Act; and (c) on October 13, 1998, B attempted to complete the registration of transfer of ownership on the building of this case to the Defendant under the pretext of payment in kind, but only if the Defendant had completed the provisional registration of this case under the name of the actual right holder of real estate and the ownership of B is owned as it is, then the Act on the

(4) If the provisional registration of this case is the provisional registration to preserve a claim for ownership transfer registration under a sales contract made on October 13, 1998, the right to claim ownership transfer registration has already expired and expired at the expiration of ten years from that right, and thus, the provisional registration of this case is the registration invalid, and the principal registration of this case, which was completed on the basis of the above null and void provisional registration, is also null and void, and in subrogation of B, seek a cancellation of the provisional registration of this case and principal registration against the defendant in lieu of B. 2) Determination B on the exclusion period of the right to complete the reservation and argument, and on the argument of violation of Articles 607 and 608 of the Civil Act, the right to claim ownership of this case was insufficient to repay the debt owed to the defendant, and thus, the right to claim ownership transfer to the defendant in lieu of the repayment of the above debt.

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