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(영문) 춘천지방법원 2016.06.01 2014가단10383
가등기말소 등
Text

1. The plaintiff's lawsuit against the defendant B and C shall be dismissed, respectively.

2. Defendant D is listed in the separate sheet 1 and 2, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On July 29, 2004, E completed the registration of ownership transfer based on the “trade on September 3, 2003,” with respect to each of the instant real estate, and completed the provisional registration of ownership transfer claim based on the “sale reservation on November 11, 2004,” under the receipt of No. 52634 on November 12, 2004 to Defendant B (hereinafter “the provisional registration of this case”).

B. On May 16, 201, the provisional registration of the instant case was completed after the additional registration to be transferred to Defendant C was completed, and on July 8, 2013, the additional registration to be transferred to Defendant D was completed.

C. Meanwhile, after the registration of ownership transfer was completed in F on May 1, 2008, Defendant C had completed on July 20, 201.

After the registration of partial transfer of shares was made in G on May 22, 2006, F received the remainder of E on May 1, 2008. On July 20, 201, Defendant C transferred F’s above shares, thereby sharing G and Defendant C’s shares.

On June 1, 2012, Defendant C completed the registration of the establishment of a mortgage on the portion of Defendant C, among the instant real estate and the instant two real estate, under Article 26657, the maximum debt amount of KRW 90,000,000, the debtor H and the Plaintiff as a mortgagee, as the receipt of the Chuncheon District Court.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2

2. Determination ex officio as to the legitimacy of the part of the claim for cancellation against Defendant B and Defendant C among the instant lawsuit

A. The supplementary registration prior to the provisional registration is subordinate to the provisional registration which is an existing principal registration and constitutes a whole of the principal registration, and thus, if the provisional registration is null and void, only the cancellation of the provisional registration which is the principal registration shall be sought, and such supplementary registration shall be cancelled ex officio according to the cancellation of the principal registration even if it does not separately seek for cancellation. The supplementary registration prior to the provisional registration is not only indicated in the registry concerning the succession of rights based on the existing provisional registration, but also does not create a new right by such registration.

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