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(영문) 인천지방법원 2017.09.19 2017가합52411
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 29, 2003, C completed the registration of ownership transfer for the reason of donation to D with respect to the real estate listed in paragraph (1) of the annexed Table No. 1 (hereinafter “instant land”), and D completed the registration of ownership transfer for the instant land on January 2, 2004, with respect to the establishment of a collateral security right (the maximum debt amount of 196,000,000).

B. On December 1, 2004, the Defendant completed the provisional disposition of prohibition of disposal on the ground of the claim for ownership transfer registration on the land of this case as the preserved right. On March 9, 2006, the Defendant revoked the provisional disposition registration of prohibition of disposal on the ground of the provisional disposition.

C. On September 7, 2006, D completed the registration of ownership transfer on the ground of the determination of recommending reconciliation with respect to the instant land, and on June 5, 2007, D completed the registration of ownership transfer with respect to the real estate listed in attached Table No. 2 (hereinafter “instant building”) on the ground of the determination of recommending reconciliation, and the Plaintiff completed the registration of ownership transfer with respect to the instant land together with the instant land.

On February 13, 2008, the Defendant completed the registration of the provisional registration of the right to claim ownership transfer on the ground of the purchase and sale reservation on each of the instant real estate on June 29, 2010. On June 29, 2010, the Plaintiff revoked the provisional registration on each of the instant real estate, and on June 29, 2010, completed the registration of the establishment of the neighboring community safe of the mortgagee, the debtor, the maximum debt amount of KRW 742,00,000, the establishment of the mortgage on each of the instant real estate, and on March 15, 2011, the registration of the establishment of the neighboring community depository, the debtor, the maximum debt amount of KRW 70,000,

E. On September 2, 2011, the Plaintiff and the Defendant prepared a trade promise to sell and purchase each of the instant real estate by setting the sales amount of KRW 700,000,000 (hereinafter “instant sales promise”; and the Defendant prepared a trade promise based on the instant sales promise (hereinafter “instant sales promise”); and on September 7, 201, the Defendant entered into a provisional registration for the right to claim transfer of ownership based on the instant sales promise.

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