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(영문) 창원지방법원밀양지원 2016.02.03 2015가단11535
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant of the non-interordination C shall be dismissed.

2. The plaintiff's claim against the defendant B.

Reasons

1. Basic facts

A. The instant land is a temple located in the area of 423 square meters (hereinafter “instant land”), etc. of D religious land in Yangyang-si (hereinafter “instant land”).

B. On October 5, 2001, Defendant B’s mother completed the registration of ownership transfer based on donation on September 24, 2001 with respect to the instant land on October 5, 2001, and completed the registration of ownership transfer with respect to the instant land on June 29, 2004.

C. On March 14, 2015, the Plaintiff received a provisional disposition order under the Changwon District Court 2015Kahap16 by deeming the right to claim the registration of transfer of ownership pursuant to the letter of transfer as the preserved right. Defendant B completed the registration of transfer of ownership on March 26, 2015, which was after March 10, 2015 when the registration of the provisional disposition was completed, for the instant land on March 25, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. On April 20, 2010, Defendant B agreed to transfer the instant land to the Plaintiff and delegated his/her authority to the Dong F to the Plaintiff, thereby making and ordering the Plaintiff to prepare a letter of transfer of real estate rights. Defendant B is liable for the Plaintiff to implement the procedure for transfer of ownership based on the letter of transfer of real estate rights as of April 20, 2010.

After the Plaintiff completed the provisional disposition registration with respect to the land in this case, the registration of ownership transfer for the land in this case has been completed, and the defendant D D D is obligated to implement the procedure for cancellation of ownership transfer registration due to the violation of the provisional disposition with respect to the prohibition of real estate disposal.

3. Determination

A. In case where there is a registration contrary to the provisional disposition against the prohibition of disposal of the real estate as to the non-interpreting type C against the defendant, the provisional disposition obligee shall obtain the final judgment against the debtor in the lawsuit on the merits relating to the right to be preserved, and shall be based on the judgment.

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