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(영문) 부산지방법원 2016.11.16 2016가합571
등기에 대한 승낙의 의사표시
Text

1. The plaintiff's action against the defendant H is dismissed.

2. Defendant C, D, E, F, and G are as shown in the attached list Nos. 1, 2, 3, 4, 9, and 9.

Reasons

1. Basic facts

A. On April 18, 2003, the Plaintiff purchased each of the real estate listed in the attached Table No. 4,072.5 square meters in Nam-gu I, Nam-gu and its ground, which was newly constructed on the land (hereinafter “the apartment of this case”) and the apartment construction business right, and newly constructed the apartment of this case.

B. At the time of November 24, 201, the Plaintiff and the Plaintiff’s representative director concluded a contract with the effect that all the construction business rights including the instant apartment that was completed by the structural construction in an amount equivalent to 90% to Nonparty C&C Co., Ltd (hereinafter “Non-Party C&C”) (hereinafter “instant transfer contract”).

C. On April 13, 2012, the registration of the instant apartment was completed on April 17, 2012 due to the commission of the registration of the provisional disposition by the decision of provisional disposition by the Daegu District Court Kimcheon Branch of Kimcheon (creditor K and the right to claim for the registration of the establishment of a mortgage near the right to preserve the ownership) and the registration of each ownership preservation in the name of the non-party company (hereinafter “registration of the instant apartment”).

The deceased B (hereinafter referred to as “the deceased”), Defendant F, and G completed the registration of the branch court of the Daegu District Court’s distribution of the real estate stated in the attached Table Nos. 1, 2, 3, 4, 9, 10, 11, 12, 18, 19, 20, 21, 27, 28, 29, 30, 36, 37, 38, 39, 45, 46, 47, 48, 54, 55, 56, and 57, and the provisional attachment registration as of August 14, 2012.

E. As to the apartment of this case, the Plaintiff completed the registration for cancellation of registration of ownership preservation due to the cancellation of the transfer contract or the right to claim ownership transfer registration as a preserved right, and the provisional disposition registration under the Daegu District Court Branch Branch Office No. 1731 on January 8, 2013 was completed. Defendant H completed the registration under the Daegu District Court Branch Branch Office No. 1731 on October 29, 2014 and the provisional attachment registration under the received Act No. 96619 on October 29, 2014.

F. The Plaintiff asserted that the instant transfer contract was cancelled, and filed a lawsuit against Nonparty Company seeking the cancellation, etc. of registration of ownership preservation by Busan District Court 2014Gahap3088, and the said court on January 29, 2015.

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