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(영문) 춘천지방법원 2016.09.22 2015가단55512
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in each entry of Gap evidence Nos. 1-1-1-1-15, Gap evidence No. 2-1-3, Gap evidence No. 4, Gap evidence No. 5, Gap evidence No. 6-1, 2, Gap evidence No. 7, and Eul evidence No. 1-1, and there is no counter-proof.

On May 16, 2011, Nonparty C (the change of the trade name on May 16, 201 from “C”) merged Nonparty E Co., Ltd. (the change of the trade name on July 31, 2009 from “F”) with each other, and the Defendant merged Nonparty C Co., Ltd on August 26, 201.

B. On July 1, 2009, the Chuncheon District Court Decision No. 32579, Jul. 1, 2009, received each transfer of ownership right claim registration on the basis of a pre-sale agreement on July 1, 2009. On August 18, 2009, the Chuncheon District Court received 40869, changed the name of the person entitled to provisional registration of each of the above provisional registration into E, under Article 40869.

B) As to each real estate listed in the separate list 7 through 11, 13, and 15, the non-party F Co., Ltd.: (a) registered the right to claim transfer of ownership on June 1, 2009 as the receipt of the Chuncheon District Court Decision No. 25958, Feb. 16, 2009; (b) on August 18, 2009, as the receipt of the Chuncheon District Court Decision No. 40867, the change of the name of the person entitled to the provisional registration of the above provisional registration was made to E; (b) on October 28, 2009, the non-party C Co., Ltd. registered each right to claim transfer of ownership on each real estate listed in the separate list 4 through 6 as the receipt of the Chuncheon District Court Decision No. 55333, Oct. 28, 2009.

C. On November 19, 2015, the Plaintiff registered the transfer of ownership based on the sale of each real estate listed in the separate sheet on October 7, 2015.

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