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Reasons
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(영문) 서울북부지방법원 2017.05.19 2016가단19661
가등기말소
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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, the owner of shares of 235,687/263,770 shares (hereinafter “instant real estate”), among the 2,637.7 square meters in Seo-gu, Seo-gu, Seo-gu, Seo-si, Seo-si, Seo-si, Cheongju, was registered as E Co., Ltd. on March 13, 2006; and the trade name was changed to B on December 13, 2011; hereinafter “F”) with respect to shares of 136,379/263,770 shares among the above shares, in order to secure the obligation for D Co., Ltd. (hereinafter “the instant provisional registration”).

B. After that, the right to claim for ownership transfer registration regarding shares above 136,379/263,770 among the instant real estate was transferred in sequence to G where the F’s representative director was located and to Defendant Cheong Office Co., Ltd., Ltd., and the additional registration of transfer of the instant provisional registration in G was completed as of July 1, 2005, and the additional registration of transfer of the instant provisional registration in G was completed as of April 1, 2010 by the court No. 3690, which was received on April 1, 2010.

C. On May 9, 2011, the Seoul Central District Court 201Kadan2124 filed an application for provisional attachment against Defendant Cheong Business Co., Ltd., Defendant Specialized Construction Mutual Aid Association (hereinafter “Defendant Specialized Construction Mutual Aid Association”) with the provisional attachment order regarding the right to claim ownership transfer based on the provisional registration of this case. Accordingly, on May 16, 201, the provisional attachment of the right to claim ownership transfer of provisional registration was completed with the claim amounted to KRW 300,000,000 as the claim amount as of May 16, 2011.

On the other hand, on February 26, 2007, the Plaintiff agreed with F as follows (hereinafter “instant agreement”). Accordingly, the Plaintiff paid F KRW 20,000,000 to F on the same day.

1. A (referring to the plaintiff; hereinafter the same shall apply) confirms that Pursuant to the agreement dated March 28, 2006, A (referring to the plaintiff; hereinafter the same shall apply) paid KRW 160,000,000,000 for obligations to B (referring to F; hereinafter the same shall apply).

2. A shall pay 20,000,000 won in cash to B, and to I designated by B No. 307.

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