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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) on April 29, 201 as to the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) that was owned by Han Young-gu Co., Ltd. (hereinafter “ Han Young-young”) on April 15, 201 due to the promise to trade as of April 15, 201.
B. On December 28, 2012, the Defendant: (a) filed a provisional disposition order on the right to claim transfer of ownership of provisional registration with the Cheongju District Court Decision 2012Kahap328, Cheongju District Court, Chungcheong District Court, 2012, by asserting that monetary claim against Han Young-young was a right to be preserved; and (b) filed a provisional disposition order on the right to claim transfer of ownership of provisional registration with the Cheongju District Court No. 40542, the provisional registration on the right to claim
(hereinafter “Provisional Disposition of this case”). C.
On January 8, 2013, the Plaintiff filed an objection to the provisional disposition order with the Cheongju District Court Decision 2013Kahap6, and was sentenced to a decision to revoke the original decision as of February 1, 2013, and the Defendant filed an appeal with the Cheongju District Court 2013Ra25, but received the decision to dismiss the appeal.
However, the Plaintiff did not file an application for cancellation of a provisional disposition based on the determination of the above provisional disposition. On March 21, 2014, the Plaintiff completed the cancellation registration of the provisional disposition of this case by the Cheongju District Court’s Audio Registry No. 7998.
On February 4, 2013, the Defendant filed a lawsuit against the Plaintiff to cancel the sales contract concluded on April 15, 201 between the Plaintiff and Han Young-young with respect to each real estate listed in the separate sheet (hereinafter “instant principal lawsuit”) and to cancel the provisional registration of this case (hereinafter “instant principal lawsuit”), but was ruled against the Plaintiff as of January 22, 2014, and the Defendant appealed, but the appeal was dismissed, and the said judgment became final and conclusive as of November 19, 2014.
[Ground of recognition] Unsatisfy, Gap evidence 1, Gap.