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1. As to each real estate listed in the separate sheet:
A. The Defendant and C concluded on May 16, 2015.
Reasons
1. The Plaintiff borrowed KRW 20,00,000 from C on September 12, 2008 as the due date on December 12, 2008. The Plaintiff completed the registration of the right to claim the transfer of ownership on September 16, 2008 under the name of C on September 16, 2008 with respect to the land partitioned into D, E, F, G, and H, Nam-gu D 17,717 square meters (On the other hand, the said land was divided into D, E, F, H, and H on February 16, 2012; hereinafter referred to as “land before subdivision”).
However, C did not go through liquidation procedures under Articles 3 and 4 of the Provisional Registration Security Act with respect to the land before division (hereinafter “Provisional Registration Security Act”). On November 27, 2008, upon the above provisional registration, C completed the ownership transfer registration based on the sale on November 26, 2008 in its name (hereinafter “instant ownership transfer registration”).
Accordingly, the Plaintiff asserted that C should implement the procedure for cancellation registration of ownership transfer registration of this case with respect to the land before subdivision, and filed a lawsuit against C to cancel ownership transfer registration under the court 2012Kadan2024. The Plaintiff filed an application for provisional injunction against real estate disposal with respect to the land before subdivision as the court 2012Kadan411.
On February 23, 2012, the court accepted the Plaintiff’s above application and decided to prohibit the provisional disposition of real estate. The land prior to subdivision was already partitioned on February 16, 2012 and the registration of subdivision was completed on February 24, 2012, and the execution of the provisional disposition was completed on February 24, 2012, and the remaining E, F, G, and H land (hereinafter collectively referred to as “land”), and the said provisional disposition was not executed on the land remaining E, F, G, and H land.
In a lawsuit for cancellation of ownership transfer registration filed by the Plaintiff, this Court completed the registration of ownership transfer of this case without going through liquidation procedures prescribed in the Provisional Registration Security Act.