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(영문) 광주지방법원목포지원 2015.03.31 2013가단14291
가등기말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff filed an application for payment order against C with “141,441,389 won and its 137,102,92,928 won with 15% interest per annum from November 2, 2010 to the date of full payment (Seoul District Court 2010 tea713)” and the above payment order became final and conclusive.

B. On February 23, 1999, the Defendants completed the provisional registration of this case on the ground of the promise to trade the instant real estate owned by C on the same date (hereinafter “the instant promise”).

C. The Defendants, based on the provisional registration of this case on June 19, 2014, purchased and sold the instant real estate on June 18, 2014 (hereinafter “the instant transaction”).

(D) On November 23, 2009, after the provisional registration of this case, the Plaintiff completed the principal registration of this case on the ground of the provisional registration of this case. Meanwhile, on November 23, 2009, the Plaintiff executed the provisional attachment order of this case with the claim of KRW 163,606,754 against C as the preserved right. Upon the completion of the principal registration of this case, the registration of provisional attachment based on the provisional attachment order of this case was revoked. E. At present, C’s active property is merely KRW 22,559,350 and is merely KRW 22,59,350, and thus, it is insolvent in view of the Plaintiff’s obligations against the Plaintiff. [In the absence of any grounds for recognition, evidence Nos. 1 through 3, and evidence Nos. 1, 2, and 4, the purport of the entire pleadings

2. Whether the period for exclusion from the right to complete reservation has expired;

A. Since the Plaintiff’s assertion has expired with the 10-year exclusion period, the provisional registration of this case is null and void, and thereby the principal registration of this case is null and void.

Therefore, the Defendants are obligated to implement the provisional registration of this case and the cancellation registration procedure of the principal registration to C.

B. The fact that 10 years have elapsed since the conclusion of the instant promise to sell and purchase the instant case is apparent.

However, each of the following circumstances, which is admitted by the statements of Nos. 3, 6, and 11 mentioned above, are as follows:

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