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(영문) 대전지방법원 서산지원 2018.06.19 2017가단6247
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 15, 2013, the Plaintiff entered into a contract with D to purchase each real estate listed in the separate sheet (hereinafter collectively referred to as the “instant real estate”). On the same day, the registration of the establishment of the instant real estate as the Plaintiff, the maximum debt amount of KRW 520,000,000, and the association of the mortgagee E was completed.

B. On May 15, 2013, the Plaintiff completed the registration of ownership transfer on the instant real estate based on sale on April 15, 2013.

C. On July 24, 2013, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on July 16, 2013, on the instant real estate.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff acquired the real estate of this case to the fourth degree F and received the secured debt of the right to collateral security, and that it is necessary to complete provisional registration in whose name the real estate of this case is not subject to execution, and that the employee of the certified judicial scrivener office designated by F had a seal impression and a certificate of personal seal affixed to the certified judicial scrivener office designated by F.

However, the provisional registration of this case was completed in the name of the defendant in the real estate in which the plaintiff was unaware.

The provisional registration of this case does not have a trade reservation between the plaintiff and the defendant, and there is no entry that the plaintiff delegates an application for provisional registration, and the provisional registration of this case is a provisional registration for ownership transfer claim based on trade reservation, but the defendant claims that the provisional registration of this case is a provisional registration for security, so the provisional registration of this case

3. The mere descriptions of Gap evidence Nos. 1 and 4 (including each number) are insufficient to recognize that the provisional registration of this case was a registration invalidation completed without any cause, and there is no other evidence to acknowledge it.

Rather, the plaintiff's assertion itself also listens to the statement that the plaintiff needs to complete provisional registration in whose name the name it belongs to F.

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