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(영문) 광주지방법원 2018.05.03 2017가단519685
가등기말소
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant received on April 9, 2012 from the Gwangju District Court No. 6955.

Reasons

1. Basic facts

A. On November 20, 2013, the Defendant issued an order from “B” to “A”. On April 6, 2012, the Defendant filed a provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) with the Gwangju District Court No. 69595, Apr. 9, 2012 on the ground of the pre-sale agreement on April 6, 2012, as to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On October 18, 2012, the Plaintiff acquired ownership by fully paying the auction price on January 10, 2014, upon receipt of the decision of permission for sale on January 22, 2014 in the Gwangju District Court D and E (Dual) voluntary real estate auction procedure (hereinafter “instant auction”).

[Ground of recognition] Facts without dispute, Gap's entries (including the number of evidence available), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendant conspired with C without any legal cause and completed the provisional registration of this case, and sought the cancellation of the provisional registration of this case to the Defendant.

However, there is no evidence to acknowledge the plaintiff's above assertion, and the above assertion is rejected.

B. (1) On the premise that the provisional registration of this case falls under the provisional registration of security, the Plaintiff asserts that: (a) the obligation has already been extinguished between the Plaintiff and C; or (b) the Defendant is obligated to cancel the provisional registration of this case pursuant to Article 15 of the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”) inasmuch as the Plaintiff acquired ownership of the real estate of this case according to the process of the auction procedure of this case.

In regard to this, the Defendant: (a) on April 6, 2012, the instant real estate owned by C, and the instant real estate owned by C, which was owned by C, on April 6, 2012, the lower court’s father, on the land of KRW 1585 square meters (hereinafter “H land”).

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