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(영문) 서울고등법원 2007. 10. 12.자 2006카합1184 결정
[사정변경에의한가처분취소][미간행]
New Secretary-General

Applicant (Law Firm Han, Attorneys Kim Tae-tae et al.)

Respondent

Respondent (Law Firm Jin Law, Attorney Won-Gyeong et al., Counsel for the respondent)

Text

1. On June 28, 2004, the decision of provisional disposition rendered by the above court as to the provisional registration on the same list of real estate stated in the attached list shall be revoked with respect to the case of provisional disposition application for prohibition of disposal of rights under the provisional registration No. 2004Kadan18745 between the above parties.

2. Costs of application shall be borne by the respondent.

Purport of application

The same shall apply to the order.

Reasons

1. Basic facts

According to the records, the following facts are substantiated.

A. The respondent filed an application for provisional disposition seeking the prohibition of transfer or any other act of disposal with respect to provisional registration on the same list of real estate listed in the separate sheet as in the Incheon District Court 2004Kadan18745, with the right to claim the provisional registration of cancellation of ownership transfer right due to the revocation of fraudulent act as the right to claim the provisional registration of cancellation of ownership transfer right, and the above court accepted it and rendered a provisional disposition

B. After that, the respondent filed a lawsuit for the revocation of fraudulent act against the applicant by the Incheon District Court 2004Gahap14587, but on September 15, 2005, the above court was rendered a judgment against the applicant on September 15, 2005, and the respondent appealed against this court as 2005Na815666, but this court rendered a judgment dismissing the respondent's appeal on October 12, 2007, which is determined not to be changed in the appellate court.

2. Determination

Thus, the provisional disposition order of this case shall no longer be maintained, and the applicant's application of this case to seek the cancellation of the provisional disposition order of this case shall be accepted and decided as per the Disposition.

Judges Park Jae-chul (Presiding Judge)

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