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(영문) 서울중앙지방법원 2018.09.07 2017나28886
소유권이전등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) Mutual Savings Bank (SBA) among the Co., Ltd. (SBA 3 Savings Bank) changed its trade name into the Plaintiff’s claim 1.

hereinafter referred to as “foreign bank”

(2) On July 18, 2006, the bank extended a loan of KRW 110 million to C on July 19, 2008, with the rate of 10.5% per annum, and interest interest at 24% per annum. 2) The bank transferred the above loan claim to the Plaintiff on June 17, 2014, and the same year.

7.9. Around 9.0, he notified C of the assignment of claims.

B. Change in ownership of the apartment of this case and provisional registration 1 of this case) Ebroin Co., Ltd. (hereinafter “Ebrosion company”).

) The apartment building of E is newly built on the land outside of the area D of substantial Gu, Cheongju-si and five parcels, and the apartment building of E, which is one of the households, is described in the separate sheet (hereinafter “instant apartment building”).

On September 6, 2005, registration of ownership preservation was completed for the apartment of this case. 2) On January 7, 2008, the registration of ownership transfer under the name of the defendant A, the provisional registration of the claim for ownership transfer under C on March 17, 2009 (hereinafter “the provisional registration of this case”), and the registration of ownership transfer under the name of the defendant B on December 14, 2009, was completed consecutively.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 6, and the purport of the whole pleadings

2. Judgment on the main claim

A. Defendant A entered into a pre-sale agreement with C on March 13, 2009 with respect to the apartment of this case and completed the provisional registration of this case on the grounds thereof.

Since the Plaintiff, a creditor of C, expressed his/her intent to complete the purchase and sale reservation, which is the cause of provisional registration of this case, in subrogation of the insolvent C, by serving a copy of the complaint of this case on the Defendant A, the Defendant A is liable to implement the principal registration procedure based on the provisional registration of this case.

B. Provisional registration in order to preserve the right to claim ownership transfer registration of the relevant legal doctrine regarding the cause of the claim is made based on the nature of the provisional registration.

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