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(영문) 부산지방법원 2016.05.19 2015가단77515
가등기말소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On September 13, 2012, the Plaintiff filed an application with the Seoul Central District Court for a payment order against B seeking the payment of the above damage claim against B as the transferee of the damage claim against Aju Mutual Savings and Finance Company B, and issued an order for the payment order for KRW 3,579,485,164 as well as KRW 1,00,000 as to KRW 3,579,485,164 as well as KRW 1,00,000 as well as the amount calculated at the rate of 25% as to KRW 3,579,485,164 as to KRW 3,58,164 as well as from the Seoul Central District Court from August 21, 2012 to the date of the full payment order.

B. On January 13, 1998, B completed the provisional registration of the right to claim the transfer of shares (hereinafter “the provisional registration of this case”) on January 9, 1998, with respect to one-half share (1/2 share) among the 1/1,000 square meters in Busan-gu, Busan-gu, 263.5 square meters (hereinafter “the instant real property”).

C. On May 31, 200, in order to preserve the above damage claim against B on May 31, 200, the bankrupt company Aju Mutual Savings and Finance Company filed an application for provisional attachment of KRW 500,000,000 with the Busan District Court 200,000,000,000. On May 27, 200, the provisional attachment registration was completed on the real estate of this case. The plaintiff filed an application for provisional attachment of KRW 1,00,000,000 with the Seoul District Court 201Da4676 for the preservation of the above damage claim as the assignee of the above damage claim, and completed the provisional attachment entry registration on the real estate of this case.

(hereinafter referred to as "registration of entry into provisional seizure of this case" in addition to the above registration of entry into provisional seizure.

On May 3, 2010, the Plaintiff completed the principal registration of the instant real estate (hereinafter “instant principal registration”) in the name of the Plaintiff on the basis of the provisional registration of this case, and the provisional attachment registration of this case was ex officio on May 24, 2010.

2. The assertion and judgment

A. The plaintiff's assertion.

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