(영문) 인천지방법원 2014.11.27 2014가단39250

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(영문) 인천지방법원 2014.11.27 2014가단39250

원인무효에 의한 가등기말소등

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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. B filed a lawsuit seeking the registration of transfer of ownership on June 21, 2004 with respect to each of the real estate listed in the attached Tables 1 and 2 in order of the Suwon District Court 2007Kadan20033 against the Daesan General Construction Co., Ltd. (hereinafter “Masan General Construction”), and “the store of this case 110” in the order of the attached Tables 1 and 2, and “the store of this case 110” in each of the stores of this case, and received a favorable judgment on August 14, 2007, and the above judgment became final and conclusive.

B. B received a provisional disposition on February 16, 2007 by Suwon District Court 2007Kadan1843 with respect to each of the instant stores, and completed the registration of ownership transfer pursuant to the above decision No. 2007Gadan20033 on February 21, 2007 (hereinafter “each of the instant transfer registration”).

C. On October 10, 2007, Defendant A completed the provisional registration stated in the purport of the claim (hereinafter “the provisional registration of this case”) with respect to the store No. 111, and on February 25, 2009, Defendant A completed the establishment registration of each collateral security (hereinafter “each collateral security registration of this case”) on each of the stores of this case as stated in the purport of the claim.

On April 16, 2010, the defendant Corporation was declared bankrupt by Jeju District Court 2010Hahap1, and the defendant Corporation was appointed as trustee in bankruptcy.

E. Meanwhile, on May 4, 2012, the Daesan General Construction filed a lawsuit with the competent court seeking cancellation of each of the instant registrations of ownership transfer against the Defendant Construction by asserting that each of the instant registrations of collateral security was null and void (No. 2012Da36585) and that each of the instant registrations of collateral security was also null and void (No. 2012DaDa36585). However, the said judgment became final and conclusive on November 13, 2012.

[Ground of recognition] Unsatisfy, Gap 2-5 Evidence

2. Judgment on the plaintiff's assertion

A. On May 26, 2014, the Plaintiff between the Plaintiff and B.

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