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1. The respective claims against the Defendant Credit Guarantee Fund and B shall be dismissed among the instant claims.
2. The plaintiff, Daegu.
Reasons
1. We examine the legitimacy of each of the claims against Defendant Credit Guarantee Fund and B in the instant lawsuit ex officio.
The plaintiff is seeking the cancellation of each of the registrations of provisional seizure entry in the claims stated in the above defendants' claims against the defendant Credit Guarantee Fund and B.
On the other hand, the entry and cancellation of the provisional seizure registration based on the decision of provisional seizure of real estate by the court are the execution and cancellation of provisional seizure of real estate.
Therefore, if the registration of provisional attachment entry has been completed by the decision of provisional attachment, even if a written consent of the person holding the provisional attachment (the purport of accepting the cancellation of the registration of provisional attachment entry) or a judgment in lieu thereof has been obtained, the plaintiff cannot obtain the result of cancelling the registration of provisional attachment entry by unilaterally filing an application for cancellation of the registration of provisional attachment entry with the registrar.
【Request for Revocation of Provisional Attachment by the Court of Execution or for Revocation of Execution by the person holding the provisional seizure (other words, “request for Revocation of Execution”)
b)Where there exists a request for cancellation of provisional attachment registration only by the entrustment of cancellation by the executing court, the part of the request for cancellation of provisional attachment registration against the Defendant Credit Guarantee Fund, the holder of the provisional attachment registration, and B, is unlawful.
2. Determination as to each claim against Defendant A and C
A. The Defendant A indicated the claim (hereinafter “instant land”) is a person who has completed the provisional registration indicated in the paragraph (a) of the Disposition No. 1 (hereinafter “provisional registration No. 1”) with respect to the Daegu Suwon-gu D major 5,667 square meters (hereinafter “instant land”). The Defendant C is a person who has completed the provisional registration indicated in the Disposition No. 1(b) with respect to the instant land (hereinafter “provisional registration No. 2”).
The provisional registration of No. 1 shall be made after the lapse of 10 years from December 20, 1983, which is the date of trade reservation, and the right to make a reservation based on the above sales contract.