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(영문) 인천지방법원 2016.04.21 2015가합58651
가등기 말소등기승낙
Text

1. The Defendants: (a) on October 11, 201, the Hongcheon District Court, Hongcheon Registry on each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. As to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by Nonparty 1, 201, the Hongcheon District Court Redcheon Construction Co., Ltd. (hereinafter “Ucheon General Construction”) completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on October 11, 201 as the receipt of No. 24495 on October 11, 201, on the ground of the pre-sale agreement on October 10, 2011.

B. On January 10, 2012, Defendant Samcheon Co., Ltd.: (a) obtained a provisional disposition order of Chuncheon District Court 2012Kadan8 on the ground that the right to claim for cancellation of a provisional registration on the ground of revocation of a fraudulent act is the preserved right; and (b) completed the supplementary registration of the provisional registration of this case on the ground of the provisional disposition order of Chuncheon District Court 2012Kadan8, Hongcheon Registry on January 10, 2012.

C. On August 9, 2013, the Defendant L&C also obtained a provisional registration claim for cancellation of the provisional registration on the ground of revocation of the fraudulent act as the preserved right, and completed the additional registration of the provisional registration of this case as the Hongcheon District Court’s Hongcheon Registry No. 16243, Aug. 9, 2013, with respect to the provisional registration of this case on the ground of the provisional disposition order of 2013Kahap220 on August 9, 2013.

On September 26, 2013, the Plaintiff filed a lawsuit for the revocation of a fraudulent act against the Madern Construction, and revoked the reservation to purchase and sell each of the instant real estate between Madern Construction and Madern Construction, and the Seoul Central District Court Decision 2012Gahap534108, stating that the Madern Construction shall implement the procedure for the cancellation registration of the provisional registration of this case completed with respect to each of the instant real estate to the Mad Cable Construction, and the said judgment became final and conclusive around that time.

(hereinafter referred to as “the judgment revoking the fraudulent act of this case”). [Grounds for recognition] As to Defendant Samong-un Concon: the Civil Procedure Act to be concluded as a confession.

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