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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2015.05.15 2014나18230
원인무효에 의한 가등기말소등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. B received a decision of provisional disposition on February 16, 2007 against the Suwon District Court 2007Kadan1843 as to each of the instant stores in order of the real estate listed in Schedule 1 and 2 of the annexed Table 1 (hereinafter “instant 111”; and on February 21, 2007, the registration of preservation of ownership in the name of the Daesan General Construction and the registration of provisional disposition of prohibition of disposal was completed for each of the instant stores as to the instant stores on the grounds of the entrustment of provisional disposition registration under the above provisional disposition order.

B. B filed a lawsuit for the registration of ownership transfer against construction by Suwon District Court 2007Kadan20033 on June 21, 2004 with respect to each of the instant stores as to each of the instant stores, and was rendered a favorable judgment on August 14, 2007, and the said judgment became final and conclusive, and completed the registration of ownership transfer on October 5, 2007 with respect to the instant stores No. 1110 on October 10, 207 as to each of the instant stores No. 110 on October 10, 207 (hereinafter “each of the instant shares transfer”).

C. On October 10, 2007, Defendant A completed the provisional registration stated in the purport of the claim (hereinafter “the provisional registration of this case”) with respect to the store No. 111, and on February 25, 2009, Defendant A completed the establishment registration of each collateral security (hereinafter “each collateral security registration of this case”) on each of the stores of this case as stated in the purport of the claim.

On April 16, 2010, the defendant Corporation was declared bankrupt by Jeju District Court 2010Hahap1, and the defendant Corporation was appointed as trustee in bankruptcy.

E. Meanwhile, on May 4, 2012, Taesan General Construction filed a lawsuit against B and the Defendant Corporation seeking the cancellation of the registration of each of the instant collective security rights by asserting that the registration of each of the instant collective security rights is null and void and that the registration of each of the instant collective security rights is null and void.

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