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(영문) 청주지방법원 2017.04.27 2016가단112198
가등기말소회복등기에관한이해관계인승낙
Text

1. The Defendants filed for registration with the Cheongju District Court and April 28, 2015 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 12, 2010, the Plaintiff completed the provisional registration of right to claim transfer of ownership (hereinafter “instant provisional registration”) on each of the real estate listed in the separate sheet owned by the I (hereinafter “each of the instant real estate”) based on the registration of the Cheongju District Court and the promise to trade on the same day (hereinafter “instant promise to trade”) as the receipt No. 53020 on May 12, 2010.

B. However, on August 26, 2014, Defendant D received a provisional disposition order issued by Cheongju District Court 2014Kadan2536 on the ground that the right to claim ownership transfer on the ground of fraudulent act is the right to claim the provisional registration for the provisional registration for the right to claim ownership transfer, and completed the provisional registration of this case.

C. In addition, on December 16, 2014, Defendant D cancelled the instant provisional registration based on the above judgment on April 28, 2015, based on the following: (a) filed a lawsuit against the Plaintiff with the Plaintiff regarding each of the instant real estate; (b) filed a lawsuit against I to comply with the procedure for cancellation registration of the instant provisional registration (Cheongju District Court Decision 2014Da2406) and filed a favorable judgment against the Plaintiff on March 6, 2015.

On May 14, 2015, the Plaintiff filed a subsequent appeal (Cheongju District Court 2015Na2134). On May 31, 2016, the appellate court of the instant case rendered a decision to withdraw the instant lawsuit by Defendant D, and the Plaintiff made a decision to recommend reconciliation (hereinafter “decision to recommend reconciliation of this case”) with the main contents that Defendant D consented to the said withdrawal. As both parties did not file an objection within the lawful period of objection, the decision to recommend reconciliation of this case became final and conclusive on June 23, 2016.

E. In addition, on June 16, 2015, the Plaintiff filed a lawsuit against I, the owner of each of the instant real property, claiming for the registration of recovery of the instant provisional registration cancelled by Defendant D (Cheongju District Court 2015Da106257). As to this, Defendant C’s supplementary participation for Defendant C, and Defendant D.

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