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(영문) 대구지방법원영덕지원 2016.11.29 2016가단4537
가등기말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Deposit Protection Corporation filed a lawsuit against B against the bankrupt in bankruptcy at the Seoul Central District Court (2004Gahap86741), claiming a loan of KRW 500 million.

On January 18, 2008, the above court rendered a judgment citing the claim of the Deposit Protection Corporation, and the above judgment became final and conclusive around that time.

B. On September 3, 2010, the Deposit Protection Corporation transferred to the Plaintiff a claim equivalent to KRW 190,091, 741 of the remaining loans and interest on delay among the claims under the preceding paragraph, and notified the Plaintiff of the assignment of claims on November 2010.

C. B completed, on February 16, 1998, No. 1575 received on February 16, 1998, and No. 888 of the same registry office on February 5, 2009, the registration for the provisional registration for the transfer of ownership (hereinafter “the provisional registration of this case”) based on the purchase promise was completed on February 5, 2009, with respect to the land of 456 square meters and D 2,076 square meters (the land was substituted with each of the instant real property around October 5, 2001) with respect to Defendant A, the Daegu District Court completed the registration for the transfer of ownership based on the purchase promise (hereinafter “the principal registration of this case”) on February 5, 2009.

Since then, Defendant A completed the establishment registration of a mortgage (hereinafter “mortgage registration of this case”) in relation to each of the instant real estate to the Defendant Youngjin Livestock Cooperative (hereinafter “Defendant Cooperative”) under the Daegu District Court No. 5827, Jun. 15, 2015, which was received on June 15, 2015 from the Ulsan District Court, the Defendant A and the maximum debt amount of KRW 850,000,000, and the establishment of a mortgage (hereinafter “mortgage registration of this case”).

[Reasons for Recognition] Unsatisfy, each entry of Gap 1 through 4 (including each number), and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The provisional registration of this case, based on the summary of the assertion, has expired the right to complete the pre-sale, which is the cause of registration, after the lapse of the exclusion period from 10 years from February 16, 1998, which is the date of the pre-sale promise. Thus, the provisional

Accordingly, the principal registration of this case based on the provisional registration of this case is also registered.

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