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(영문) 창원지방법원 2015.09.09 2014나1922
가등기말소회복등기
Text

1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 21, 2007, E completed the registration of ownership transfer on February 9, 2007 due to the sale by auction for division of co-owned property.

B. On February 26, 2007, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) by the Changwon District Court’s receipt of a branch court’s application for the instant real estate on February 26, 2007. The provisional registration of this case was corrected on April 1/27, 2007.

C. On December 20, 2011, the Defendant completed the registration of transfer of ownership on the grounds of sale on December 12, 201 with respect to each of the instant real estate, and applied for a provisional disposition prohibiting disposal of the instant provisional registration, and rendered a ruling of provisional disposition prohibiting disposal as the Changwon District Court’s Tong Branch Branch Decision 2012Kadan470 on April 19, 2012.

1. The Defendant shall pay KRW 250 million to the Plaintiff by August 10, 2012.

2. The Defendant, by October 10, 2012, issued the Securities No. 5 (No. 5) license and guarantee insurance policy, issued a lawsuit to the debtor, cancelled the registration of the establishment of a neighboring apartment (the maximum debt amount per the contract to establish a contract on April 28, 2006, which was completed as of May 28, 2006, as of the registration of the establishment of a neighboring apartment (referring to the registration of the establishment of a neighboring apartment No. 104 and No. 1801, no. 104, no. 1801, No. 1801, no. 1800, no. 1000, no. 1000, the debtor corporation, stonton, Seoul Guarantee Insurance Co., Ltd., Ltd., and the registration of the establishment of a collateral No. 1, No. 1,000, No. 2000).

3. Where the defendant implements the above paragraphs 1 and 2, the plaintiff shall cancel the provisional registration of this case.

4. If the defendant fails to comply with the above paragraphs 1 and 2 by the above deadline, the defendant shall withdraw the application for provisional disposition of the provisional registration of this case and cancel the execution thereof.

Accordingly, the plaintiff raises an objection to the provisional disposition as the Changwon District Court 2012Kadan653.

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