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(영문) 전주지방법원군산지원 2016.12.09 2016가단1064
가등기말소
Text

1. The defendant received on May 27, 2004 from the Jeonju District Court Doksan registry office with respect to the real estate stated in the attached Form from the plaintiff.

Reasons

1. Basic facts

A. In the Dosan-si, C & 285.4 square meters (hereinafter “instant land”) were originally owned D. The Plaintiff was awarded a successful bid at the auction procedure and completed the registration of ownership transfer on March 29, 2004.

B. D had been constructing a new building on the instant land before the Plaintiff acquired the ownership of the instant land, but as a result of the construction, the real estate stated in the attached Form (hereinafter “instant building”) was completed. As to the instant building, the registration of ownership preservation in the name D was completed on May 27, 2004 by the Jeonju District Court No. 25815, which was received on May 27, 2004, and the registration of ownership preservation was completed on the same day by the registration office No. 25816, No. 25816, the registration of ownership transfer in the title E and the registration of the provisional registration of the Defendant’s right to claim ownership transfer (hereinafter “the instant provisional registration”) was completed on May 25, 2004.

C. The Plaintiff, as a creditor of D, filed a lawsuit seeking the implementation of the procedures for the registration of establishment of a neighboring E name and the cancellation of the provisional registration of this case in the name of the Defendant on behalf of D, on August 28, 2013 (the procedure for registration of cancellation was completed accordingly) and the judgment was finalized on September 4, 2014 on the cancellation of the provisional registration of this case in the name of the Defendant on September 4, 2014, as to the cancellation of the provisional registration of this case in the name of D.

[Attachmentju District Court Decision 2012Gahap6751, Gwangju High Court Decision 2013Na2813, and hereinafter referred to as “transfer lawsuit”) D.

The instant building was subject to a decision to commence compulsory auction upon the Plaintiff’s application (Seoul District Court Military Branch SupportF), and on December 1, 2015, the Plaintiff was awarded a successful bid in the auction procedure and completed the registration of ownership transfer on December 1, 2015

[Basis] Facts without dispute, Gap evidence 1, 2, 4, 6, Eul evidence 1-1, 2, Eul evidence 17 and 19, the purport of the whole pleadings

2. Determination on the claim of this case

A. Determination of the nature of the provisional registration of this case and the issues of this case are the Plaintiff and the Plaintiff.

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