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(영문) 서울고등법원 2019.07.11 2018나2044648
가등기말소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The provisional registration of the provisional registration of the land and buildings of this case and the additional registration of the previous registration thereof was completed as follows with respect to the land and buildings of this case, which were owned by the Plaintiff (1) and the land and buildings of this case, and the land and buildings of Articles 1, 2, and 2, and buildings (1). ① On April 19, 2013, with respect to each of the two-thirds shares of the land and buildings of this case, the provisional registration of the right to claim ownership transfer was completed on April 18, 2013 on the same day as for each of the first and third shares of the land and buildings of this case as of April 19, 2013, respectively (hereinafter collectively referred to as the “first provisional registration of this case”).

(2) On April 29, 2013, the provisional registration of the right to claim transfer of ownership was completed on the ground of the pre-sale of each of the same date as of April 29, 2013 with respect to the land and buildings No. 2 in the instant case (hereinafter collectively referred to as the “provisional registration No. 2 in the instant case”).

(2) On the ground of transfer as of April 14, 2016, the Defendant completed the additional registration prior to the provisional registration of right to claim ownership transfer as of April 18, 2016, No. 40350, which was received on April 18, 2016, and No. 40352, which was received on April 18, 2016, on the provisional registration of No. 2 A. 40352.

(hereinafter the supplementary registration concerning the registration Nos. 1 and 2 of the instant case is “the supplementary registration No. 1 and 2 of the instant case” or “each of the instant supplementary registrations”). (b)

The first and second provisional registrations and the first and second additional registrations are cancelled 1) with respect to the land and building of this case, and the second provisional registrations and the second additional registrations were cancelled on June 12, 2019 due to the sale due to the voluntary auction conducted on June 10, 2019, as to the land and building of this case. 2) The first provisional registration and the second additional registrations were cancelled on the same day due to the sale due to the voluntary auction conducted on May 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, Eul evidence 2 and 3.

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