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(영문) 의정부지방법원 2017.10.25 2016가합53555
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 4, 2005, the registration of ownership transfer claim was completed due to the commission of the registration of provisional attachment No. 77881, which was received by the registry office of the Government District Court of Jung-gu District on the title of the attached list No. 1 (hereinafter “instant building”), and on August 12, 2005, the provisional registration was completed to preserve the right of ownership transfer claim under the name of the Plaintiff as No. 8033 of the receipt registry office of the Government District Court of Jung-gu District under the name of the Plaintiff as of August 12, 2005.

B. Meanwhile, on the other hand, the Plaintiff filed a lawsuit against the deceased Government District Court Decision 201Gahap594 against the deceased’s administrator of inherited property in the instant building seeking the implementation of the principal registration procedure based on the registration of the provisional right to claim ownership transfer registration, but the said judgment became final and conclusive on June 16, 201 after receiving a judgment against the Plaintiff.

C. C filed a lawsuit against the deceased Government District Court No. 2012Gahap1556, which sought the cancellation of the above registration of ownership preservation in the name of D related to the instant building, and on February 8, 2013, upon receipt of a favorable judgment and the judgment became final and conclusive on the grounds that C had acquired the instant building in its original condition.

Attached Form

On November 13, 2014, with respect to the real estate listed in the list No. 2 (hereinafter referred to as "second building"), the registration of preservation of ownership was completed under the name of the defendant as No. 10296 in the receipt of the Government Registry of the District Court in the name of the defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 4, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. As to the lawsuit of this case against which the defendant's principal safety defense plaintiff sought the cancellation of the registration of initial ownership in the name of the defendant on the ground that the registration of initial ownership in the same building has been completed, the defendant should cancel the provisional registration in the name of the plaintiff as to the building of this case because the provisional registration in the name of the plaintiff is a provisional registration of collateral, and there is no investment bond, which is a secured debt, and the plaintiff

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