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(영문) 서울남부지방법원 2016.10.07 2015가단243839
가등기말소
Text

1. The Plaintiff:

A. The defendant shall support the Daegu District Court Kimcheon-cheon with respect to the size of 372.9 square meters in Kimcheon-si D, Kimcheon-si.

Reasons

1. Basic facts

A. The non-party E Co., Ltd. (hereinafter “E”) completed the registration of ownership transfer based on sale on September 6, 2005 with respect to the land of this case (hereinafter “the instant land”) in Kimpo-si, Kimpo-si on the 15th day of the same month, and on the same day, the defendant B Co., Ltd. (hereinafter “Defendant B”) completed the provisional registration of ownership transfer right claim based on the trade reservation on the 14th day of the same month (hereinafter “the instant provisional registration”).

B. On September 15, 2006, Defendant C received a provisional disposition on the provisional registration of this case as Seoul Western District Court 2006Kadan8598 by deeming the right to claim restitution due to the revocation of fraudulent act as the preserved right, and executed provisional disposition by registering the same 20.

C. Although Defendant B merged E on August 12, 201, but did not make a registration, Defendant B made a merger registration on August 1, 201 by the Plaintiff subrogated for a compulsory auction on the following real estate.

From December 15, 2004 to February 16, 2010, the Plaintiff filed a lawsuit claiming wages, retirement allowances, etc. against Defendant B, and won the entire judgment on October 12, 2010. The judgment became final and conclusive.

E. According to the above judgment on July 15, 2013, the Plaintiff applied for a compulsory auction of the instant land to Daegu District Court Kimcheon Branch F, and rendered a decision to commence the auction following that date. However, on the same day, the Plaintiff issued an order of correction to submit a certified copy of the registry with the revocation of the above provisional registration and provisional disposition, on the instant land, which is the object of auction, as there is a provisional registration and a provisional disposition registration by Defendant C, and there is a risk of loss of ownership even after purchasing the instant land according to the order of provisional registration and provisional disposition. Therefore, the execution court cannot proceed with the procedure after

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 4, and pleadings.

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