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(영문) 수원지방법원평택지원 2015.11.10 2015가단6628
근저당권말소 등
Text

1. The plaintiff's lawsuit against the defendant Seoul Guarantee Insurance Co., Ltd. shall be dismissed.

2. The Plaintiff, the Pyeongtaek-si Fran 72.8 square meters.

Reasons

1. As to the lawsuit against Defendant Seoul Guarantee Insurance Co., Ltd., the Plaintiff sought the registration of Suwon District Court Sejong Housing Site Board (Seoul Guarantee Insurance Co., Ltd.), as to the share of 16.64/4/4 of the instant real estate, and the procedure for the registration of cancellation of provisional attachment as of April 30, 1985, as the receipt of No. 16906 of the provisional attachment registration.

On the other hand, registration of provisional seizure based on the decision of provisional seizure by the court is made by the support action of the state power for the preservation of the rights under the private law, so if there is a device such as the time limit for the decision of provisional seizure, it can not be removed by the creditor alone, and it can be cancelled only by the cancellation of the decision of provisional seizure by the court of execution

Therefore, since the part of the lawsuit of this case seeking the cancellation of the registration of direct provisional seizure against the defendant Seoul Guarantee Insurance Co., Ltd is unlawful, it is decided as per Disposition No. 1.

2. The reasons for the claim against the remaining Defendants are as shown in the annexed sheet of claim.

3. Defendants B and E of applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act), which is rendered by public notice (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act), by a judgment based on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

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