1. 피고 A는 주식회사 두앤캔에게 별지 목록

1. Daegu District Court with respect to real estate mentioned above.

1. Determination as to the claim against Defendant A

가. 청구원인 주식회사 두앤캔은 피고 A에게 별지 목록

1. On March 23, 2007, the registration of the right to claim transfer of ownership was completed on March 28, 2007 by the Daegu District Court (Seoul District Court Office No. 19337), which received on March 28, 2007, on the ground of the pre-sale agreement, and thereafter the right to complete the pre-sale agreement became invalid over the exclusion period.

이에 원고는 주식회사 두앤캔에 대한 채권자로서 주식회사 두앤캔을 대위하여 피고 A에게 위 가등기의 말소등기청구를 구한다.

(b) Determination: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

2. Determination as to the claim against the defendant B, C, and D

가. 원고의 주장 주식회사 두앤캔은 E에게 별지 목록

2. On March 28, 2007, the Daegu District Court rendered a provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case”) on the ground of the pre-sale agreement on March 29, 2007, under Article 19647 of the former District Court’s Office No. 19647, Mar. 29, 2007. The right to conclude the pre-sale agreement became effective with the exclusion period.

이에 원고는 주식회사 두앤캔에 대한 채권자로서 주식회사 두앤캔을 대위하여 E의 상속인들인 피고 B, C, D에게 각 상속지분에 관하여 이 사건 가등기의 말소등기청구를 구한다.

B. As to the assertion of Defendant B, C, and D, the above Defendants asserted that the provisional registration of this case is not a provisional registration for the priority preservation of the right to claim ownership transfer registration, and thus, it cannot comply with the Plaintiff’s claim.

C. The issue of whether the pertinent provisional registration is a provisional registration for security is determined by whether the provisional registration is actually the object of the security for claims, and it is determined formally by the type of documents sent and received at the time of the formal entry or registration as to whether the cause of the provisional registration is indicated as a trade reservation, unless it is stated as a trade reservation.