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(영문) 부산지방법원 2018.07.12 2017가단318067
가등기말소
Text

1. On July 9, 2012, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, the Yongsan District Court of the Seoul Western District Court.

Reasons

1. Basic facts

A. The plaintiff is a female student of D, and the defendant is a child of D.

B. On July 9, 2012, the Plaintiff completed the provisional registration of transfer of ownership security (hereinafter “the provisional registration of this case”) with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) issued on July 9, 2012 by the Yongsan District Court, Yongsan District Court No. 21652, Yongsan District Court’s receipt on July 9, 2012.

C.D died on November 10, 2015. D

On April 26, 2017, the Defendant completed the registration of transfer of the provisional registration of this case on the ground of inheritance by consultation and division on November 10, 2015 in the future of the Defendant regarding the apartment of this case.

[Grounds for recognition] Gap's evidence Nos. 1-4 and the purport of the whole pleadings

2. Assertion and determination

A. On March 21, 2006, the Plaintiff asserted that the Plaintiff purchased the instant apartment on March 21, 2006 for the children attending the university in Seoul, and even when the husband intended to seek money by expanding the business that he had been operating since the end of 2011, the obligees would have to attach the instant apartment if the husband failed to run the business, and to threaten the Plaintiff to pay the money, so it would be difficult for the obligees to seizure the apartment of this case and to threaten the Plaintiff to pay the money, and if there is no way to prevent it in advance. The neighbors recommended that it would be desirable for the neighbors to keep the provisional registration of this case on the part of the trusted. Accordingly, the Plaintiff would complete the provisional registration of this case upon the request of the deceased, who is one-friendly, who is able to believe that the provisional registration can be cancelled without any condition upon the request of the deceased to cancel the provisional registration. However, the Plaintiff did not claim that the provisional registration of this case was cancelled on November 10, 2015.

B. According to the reasoning of the judgment Nos. 1-1, 3, and 2-4 of the evidence Nos. 1-1, 3-2, and the fact-finding with respect to the Head of Jungsan Tax Office, this case is examined as follows.

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