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(영문) 부산지방법원동부지원 2017.10.26 2017가합100450
부당이득금
Text

1. The Plaintiff’s respective claims for cancellation of ownership transfer registration against Defendant C, D, E, F, and G are dismissed.

2...

Reasons

1. Facts of recognition;

A. The right to real estate 1) Defendant B is each of the real estate listed in the separate sheet on March 8, 1990 (hereinafter “each of the real estate of this case”).

(2) As to each real estate of this case, the Plaintiff filed an application for provisional disposition prohibiting disposal by designating the Plaintiff as the right holder and received a provisional disposition order, and completed the provisional disposition registration on June 24, 1995.

(C) On February 4, 2015, Defendant C completed the registration of ownership transfer on each of the instant real estate to Defendant C on February 4, 2015 (hereinafter “instant provisional disposition”). Defendant C completed the registration of ownership transfer on February 6, 2015 with respect to each of the instant real estate among the instant real estate, ① the registration of ownership transfer to Defendant D on February 6, 2015, ② the registration of each of the real estate listed in attached Tables 3 through 12, respectively, on February 11, 2015.

5) On April 7, 2015, Defendant E filed an application for the revocation of the instant provisional disposition on the ground that the instant provisional disposition was not filed for a prolonged period of time under Defendant D and E filed with the Government District Court on March 12, 2015 with Defendant F for the registration of ownership transfer, and the registration of the instant provisional disposition on the said real estate on June 29, 2015, as to each of the real estate listed in attached Tables 8 through 12, 2015, respectively. 6) Defendant D and E filed an application for the revocation of the instant provisional disposition on the ground that the instant provisional disposition was not filed for a prolonged period of time under the attached Tables 1 through 6, 2015. The said court rendered a decision to revoke the instant provisional disposition on June 8, 2015.

7 Defendant F and G also filed with the District Court an application for the revocation of the instant provisional injunction on the ground of the failure to file a lawsuit on the merits for a long period of time as 2015Kadan2210, and the said court rendered a decision to revoke the instant provisional injunction on August 24, 2015. According to the said decision, the instant provisional injunction is registered on September 17, 2015 with respect to each of the real estate listed in attached Tables 7 through 9, 11, and 12 of the Schedule.

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