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(영문) 서울중앙지방법원 2016.11.25 2015가단5299671
가등기말소
Text

1. The defendant received on April 28, 1986 from the Cheongju District Court for the real estate stated in the attached list from Nonparty B.

Reasons

1. The facts stated in the grounds for the attachment of the facts of recognition shall not be disputed between the parties, or may be recognized in each entry in the evidence A 1 to 6, taking into account the whole purport of the pleadings;

2. According to the above facts of recognition, the right to conclude a pre-sale of the provisional registration of this case is extinguished after the lapse of the exclusion period as of April 1, 1996, which was ten years from April 11, 1986, the reservation date, and the provisional registration of this case was completed. Thus, the provisional registration of this case is invalid.

Therefore, according to the plaintiff's claim by subrogation of B in the state of insolvency as the creditor of B, the defendant is obligated to cancel the provisional registration of this case to B.

The plaintiff's claim is justified, and this is accepted.

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