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(영문) 울산지방법원 2018.10.02 2017가단71491
승계집행문부여 등 청구의 소
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 11, 201, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) filed a provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) with H on April 8, 201 with respect to each of the instant real estate, for the purpose of securing the amount borrowed from H, with a view to securing the purchase and sale reservation (hereinafter “instant promise”) on April 8, 201.

B. On January 2, 2012, H transferred the instant provisional registration to G on the grounds of transfer on the same day, and completed the transfer registration.

On January 10, 2012, the Plaintiff completed the registration of ownership transfer of this case based on the provisional registration of this case to G on November 20, 2011.

C. On January 19, 2012, G: (a) on each of the instant real estate, Defendant FF Association (hereinafter “Defendant FF Association”) registered the establishment of a neighboring mortgage that became the debtor G; (b) on September 17, 2014, the maximum debt amount of KRW 130 million was KRW 130 million; and (c) on September 17, 2014, the establishment of a neighboring mortgage that became the debtor G (hereinafter “each of the instant collateral security interests”); (d) pursuant to the U.S. District Court Order 2014Kadan10652, the registration of provisional attachment by creditors of the Credit Guarantee Fund was completed on November 27, 2014 (hereinafter “registration of provisional attachment”).

A decision to commence voluntary auction (I) was made on February 4, 2015 upon the application based on the right to collateral security prior to the judgment of the FF association. Although the provisional registration of this case is a provisional registration and the provisional registration of this case can be registered based on the provisional registration of this case under the procedure of liquidation as prescribed by the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”), G completed a registration of transfer based on the provisional registration of this case without going through the above procedure of liquidation, the registration of transfer in the name of G is null and void, and the registration of establishment of collateral security prior to the judgment of the FF association and the name of the Credit Guarantee Fund.

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