logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.10.13 2016나965
가등기말소등기절차이행
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

Basic Facts

The plaintiff is the defendant's punishment as the denial of the defendant's punishment C.

On June 5, 2012, the Plaintiff completed the provisional registration of this case against the Defendant on the ground of a pre-sale of KRW 20,000,000 as to the instant real estate between the Plaintiff and the Defendant on June 4, 2012.

[Ground of recognition] The plaintiff's assertion about the plaintiff's ground of claim as to Gap's evidence Nos. 1, Gap's evidence No. 2, and Gap's evidence No. 9, the plaintiff's assertion about the plaintiff's ground of claim as to the whole purport of the whole pleadings is likely to be subject to compulsory execution of the real estate of this case from the creditor, and the plaintiff's conclusion of the provisional registration of this case in the future of the defendant following the death of the defendant, because the plaintiff was presumed

Therefore, the defendant is obligated to cancel the provisional registration of this case to the plaintiff.

Judgment

First, there is not any evidence to acknowledge the above assertion by the Plaintiff solely on the evidence Nos. 1 and 12 submitted by the Plaintiff, and there is no other evidence to acknowledge it.

Rather, in full view of the following circumstances, Gap evidence 3, Eul evidence 11, Eul evidence 1, Eul evidence 1, Eul evidence 4, Eul evidence 7, Eul evidence 9, Eul evidence 10, Eul evidence 11, and the overall purport of the arguments and arguments, the following circumstances, i.e., ① the situation in which the plaintiff's 2/15 of the plaintiff's equity interest is seized from the National Health Insurance Corporation on January 16, 2012, among the 12,397 square meters of the plaintiff's previous Kim Jong-si, the plaintiff's ownership, is likely to enforce compulsory execution by the plaintiff's creditor, etc., and the plaintiff has completed provisional registration on the real estate of this case under the defendant's name. However, the plaintiff acquired the real estate of this case after the seizure, and completed the registration of ownership transfer on April 25, 2012, if there is a concern that other creditors' compulsory execution is actually possible, the plaintiff's husband or child shall acquire it under the plaintiff's name.

arrow