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(영문) 인천지방법원부천지원 2019.05.31 2018가합104978
말소등기에 대한 승낙의 의사표시청구
Text

1. The Defendants: (a) on February 2016, 201, to the Plaintiffs, the Jung-gu District Court, Namyang District Court, the Namyang District Court, the registry office,

Reasons

1. Facts of recognition;

A. Nonparty G completed the registration of ownership preservation (hereinafter “instant registration”) under the receipt No. 12881 on February 15, 2016 with respect to the real estate listed in the separate sheet (hereinafter “instant land”).

B. On June 17, 2016, G completed the registration of the establishment of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the instant land against Defendant D, the Jung-gu District Court, the Namyang-ju Registry, the registration office, and the office of registry office, which received on June 17, 2016, KRW 133,850,000 from the maximum debt amount, G, the debtor G, and Defendant D, the mortgagee

C. As to the instant right to collateral security, Defendant E completed the registration of the establishment of the pledge right, which was the amount of claim of KRW 66,925,00,00 as the receipt of on October 26, 2016, under the Act No. 110473, which was received on October 26, 2016; Defendant D, Defendant E, and Defendant F, under the Act No. 26068, Mar. 28, 2017, the amount of claim of KRW 20,000,000; Defendant D, Defendant F, and Defendant F, respectively.

The Plaintiffs filed a lawsuit against G to seek cancellation registration of the instant registration as the District Government District Court 2016Kadan121574, and the said court rendered a judgment on July 20, 2017 that “G shall comply with the procedure for cancellation registration of the instant registration with the Plaintiffs on the ground that the instant registration is a duplicate registration with respect to the instant land and is null and void.”

G Appeal (the District Court 2017Na209113) and appeal (the Supreme Court 2018Da223757) against the above judgment were all dismissed, and the above judgment became final and conclusive.

[Grounds for Recognition] Unsatisfy, entry of Gap 4 and 5 evidence (including each number), the purport of the whole pleadings

2. The Defendants are holders of the right registration based on the registration of this case subject to cancellation, and are third parties interested in the cancellation of the registration of this case.

In addition, the registration of this case is null and void as seen earlier, and the registration of this case, which is based on the registration of this case, is null and void as it is not recognized as a public trust.

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