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(영문) 창원지방법원통영지원 2016.09.29 2015가단25876
가등기말소
Text

1. All of the lawsuits of this case shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer by the Changwon District Court No. 7334 on May 16, 198, with respect to the attached real estate No. 1 (hereinafter “real estate No. 1”) No. 1 in the attached real estate indication No. 1 (hereinafter “instant real estate”).

B. C completed each registration of ownership transfer as to each real estate Nos. 2 through 7 of the [Attachment 2] real estate indication No. 11809, which was received on June 19, 1996.

C. Defendant B completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) on July 19, 197, respectively, based on the trade reservation, as the Heading Assistance No. 17242, which was received on August 8, 1997, as to the instant immovable property No. 2. D.

Defendant A completed the provisional registration of the right to claim ownership transfer on July 22, 2003, No. 15944, which was received on July 22, 2003, and July 21, 2003, the provisional registration of the right to claim ownership transfer on the ground of trade reservation (hereinafter “first provisional registration”).

E. Defendant B completed the registration of transfer of ownership based on sale on January 11, 2016, No. 712, which was received on January 11, 2016, based on the registration No. 2 A of the instant case, with respect to the instant real estate No. 2 based on the registration. 31, 1997.

F. The Plaintiff asserted that, on December 9, 2015, the Plaintiff acquired (or through a merger) a loan claim against the Hanman Bank C through a mutual savings and finance company, and filed the instant lawsuit with the purport of the claim that “the Defendant would cancel the provisional registration Nos. 1 and 2 of this case to C” in this court.

[Reasons for Recognition] Facts that there is no dispute between the parties, significant facts in this Court, Gap evidence 1, Gap evidence 2-1 to 6-6, Eul evidence 2-1 to 2-6, the purport of the whole pleadings

2. Ex officio determination on the requirements for the lawsuit

A. If the obligee’s right to the obligor to be compensated by subrogation is not recognized in a creditor subrogation lawsuit, the obligee himself/herself becomes the Plaintiff.

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