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(영문) 대구지방법원경주지원 2016.08.09 2016가단45
소유권이전청구권가등기말소등기 등
Text

1. As to the land indicated in attached Table 1 to D (E) Defendant B, the Daegu District Court and its racing support on December 18, 2009.

Reasons

1. Basic facts

A. On August 30, 1994, Defendant A completed the registration of ownership transfer claim on September 8, 1994 on each land listed in the separate sheet owned by D (hereinafter “each land of this case”).

(hereinafter “Provisional Registration of this case”). (b)

On July 28, 2005, the plaintiff (formerly, the Corporation) received the decision of provisional seizure of real estate as the Daegu District Court 2005Kadan1606, and completed the registration of provisional seizure on the same day.

After all, the plaintiff filed a lawsuit against D as Seoul Central District Court 2010da709165 against D seeking the payment of the acquisition amount of KRW 339,344,311 and damages for delay of KRW 20,000 among them, and received the decision of performance recommendation on December 7, 2010, and the decision of performance recommendation was finalized on December 25, 2010.

C. As to the land of this case, Defendant A completed the principal registration of ownership transfer based on the provisional registration of this case on December 1, 2009 due to trade on November 30, 2009.

Accordingly, the registration of provisional attachment on July 28, 2005, which was completed with respect to the land No. 1 after the provisional registration of this case, was cancelled.

Defendant B purchased the land of this case from Defendant A on December 16, 2009 and completed the registration of ownership transfer on December 18, 2009.

Defendant A completed the principal registration of transfer of ownership based on the provisional registration of this case on December 22, 2014 on the land No. 2, 2014 on December 23, 2014.

Accordingly, the registration of provisional attachment on July 28, 2005, which was completed with respect to the land No. 2 after the provisional registration of this case, was cancelled.

Defendant C purchased the instant land No. 2 from Defendant A on December 22, 2014, and completed the registration of ownership transfer on December 23, 2014.

(e) D is currently in excess of its obligations.

[Ground of recognition] B between the Plaintiff and the Defendant A: Confession (Article 150(1) of the Civil Procedure Act). There is no dispute between the Plaintiff, Defendant B, and Defendant C.

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