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(영문) 의정부지방법원 2015.06.04 2014가합55908
가등기말소
Text

1. The defendant on August 10, 2007 with respect to the plaintiff with respect to the area of 6,200 square meters in Gyeonggi-gun Co., Ltd. prior to the Gyeonggi-do District Court.

Reasons

1. Presumed factual basis

A. The provisional registration of the Defendant’s right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on August 10, 2007 with respect to the land owned by Pyeongtaek-gun (hereinafter “instant land”) 6,200 square meters (hereinafter “instant land”).

B. As to the instant land, on August 17, 2007, the registration of ownership transfer was completed in the name of Han River C&D Co., Ltd., and on July 22, 2008, the registration of ownership transfer was completed in the name of Han River C&D, the maximum debt amount of which was KRW 260,000,000, and the registration of creation of a mortgage was completed in the vicinity of Han River Home C&D and

C. E filed an application for a voluntary auction of the instant real estate with the Speaker District Court F, and received a decision on the voluntary auction from the above court on May 14, 2010.

(hereinafter “instant auction procedure”). D.

In the instant auction procedure, the Plaintiff became the highest bidder on August 18, 201, and paid the purchase price on June 27, 201 after receiving a decision to permit the sale from the above court, and on September 12, 2014, the registration of ownership transfer in the name of the Plaintiff on the instant real estate was completed.

E. The instant provisional registration was stated to the effect that the instant provisional registration is taken over to the purchaser in the specification of the sold goods prepared at the instant auction procedure.

F. The Defendant filed a lawsuit against D against D for ownership transfer registration based on the provisional registration of the instant case, and won a favorable judgment in the first instance trial (Seoul High Court Decision 2011Na106879 and Supreme Court Decision 2013Da43109). However, in the appellate trial and the final appeal (Seoul High Court Decision 2011Na10689 and Supreme Court Decision 2013Da43109), the instant provisional registration constitutes a provisional registration, and the said judgment became final and conclusive on June 12, 2014, upon receiving a judgment dismissing the Defendant’s claim on the ground that

[Reasons for Recognition] Unsatisfy, Gap 1, 2 evidence, Eul 1, 2, 4, 8 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The provisional registration of the Plaintiff’s assertion is a provisional registration for security, and such Defendant’s assertion.

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