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1. The defendant is the Cheongju District Court on July 12, 2002 with respect to each real estate listed in the separate sheet to B.
Reasons
1. Basic facts
A. On July 12, 2002, the Defendant completed the provisional registration of the right to claim ownership transfer on July 12, 2002 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”). On July 25, 2002, the Defendant completed the registration of ownership transfer on July 12, 2002, separate from the provisional registration of this case.
B. Since then, Company B (hereinafter “B”) was awarded a successful bid for the instant real estate in the Cheongju District Court C voluntarily auction procedure, and completed the registration of ownership transfer on January 9, 2008.
C. On May 27, 2008, the first mutual savings bank (hereinafter “the first mutual savings bank”) completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 2.1 billion regarding the instant real estate in order to secure the loan claims against B.
The first mutual savings bank filed a voluntary auction (hereinafter “instant auction procedure”) with the Cheongju District Court D (hereinafter “instant auction procedure”) on the instant real estate as the B delayed repayment of the loan, and received a decision to commence the auction on November 3, 201.
E. On February 8, 2012, the Plaintiff was comprehensively transferred the existing contractual relationship of a mutual savings bank pursuant to Article 1(2) of the Act on the Structural Improvement of the Financial Industry.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The Plaintiff’s assertion did not cancel the provisional registration of this case, which is the cause for registration, even though the right to conclude the pre-sale agreement has expired due to the lapse of the exclusion period, making it difficult to collect the Plaintiff’s legitimate collection in the instant auction procedure, etc., and B did not perform any act despite the Plaintiff’s request for cancellation several times. Thus, the Plaintiff seeks cancellation of the provisional registration of this case by subrogation
3. The right to make the other party to the transaction effective by declaring his/her intention to complete the sale and purchase contract in the unilateral promise for the sale and purchase.