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(영문) 서울고등법원 2012.11.21 2012나14649
근저당권설정등기말소회복등기
Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. On November 8, 2006, C sold to the Defendant approximately KRW 1,62,000,000,000 for purchase price of KRW 1,62,000,00,000 for buildings to be constructed on the above land in Gwangju City, and KRW 1,016,00 square meters for buildings to be constructed on the above land (306 square meters) and KRW 18,00,000,000 for buildings (hereinafter the above sales contract is referred to as “instant sales contract”).

(2) On January 29, 2007, the registration conversion was made on January 29, 2007, the area of 5,013 square meters of D forest land in Gwangju-si, the area of which was 87 square meters of L forest land was divided on February 8, 2007. On May 28, 2007, the land was changed to the area of land for factory and the land listed in attached Table 1(1).

(3) A) On the instant land, the instant land is a building listed in attached Table 1 List 2 (hereinafter “instant building”), and the instant land and buildings are collectively referred to as “each of the instant real estate.”

After the new construction, on May 14, 2007, the approval of use was obtained on July 4, 2007, and the registration of ownership preservation was made on July 4, 2007.B. The defendant's provisional disposition 1) on March 7, 2007 against C on the right to claim ownership transfer registration of the land of this case as preserved right, and the defendant filed an application for provisional injunction against disposal (Uwon District Court Branch Branch 2007Kadan1318) on March 13, 2007, and on March 16, 2007, the entry registration of the provisional injunction was completed.

The right to be preserved was stated in the application for provisional disposition as the right to claim ownership transfer registration, and the application for provisional disposition was accompanied by the "sales contract of KRW 800 million on January 15, 2007 and KRW 100 million on down payment" prepared between the defendant and C as to the land in this case.

2) On July 23, 2007, the Defendant filed an application against C for provisional disposition prohibiting the disposal of the instant building (U.S. District Court Decision 2007Kahap476 decided on August 6, 2007, by applying for provisional disposition prohibiting the disposal of the instant building (U.S. District Court Decision 2007Kahap476). On the same day, the entry of the above provisional disposition

The right to be preserved shall be the application for the above provisional disposition.

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