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(영문) 인천지방법원 2018.03.27 2017나58949
소유권이전등기말소 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. B completed the registration of ownership transfer with respect to each real estate listed in the separate sheet on March 29, 1997 (hereinafter “each of the instant real estate”).

B. On April 8, 1998, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) under the receipt of No. 12323 of April 8, 1998 by the Incheon District Court, Dongcheon Registry, Incheon District Court, which received on April 8, 1998.

C. As to each real estate of this case, the Korea Deposit Insurance Corporation of the bankrupt red mutual savings and finance companies completed the provisional seizure entry registration (hereinafter "registration of provisional seizure No. 1 of this case") by the Incheon District Court Dongcheon District Court, Dongcheon Registry, 59572 of December 18, 2002, and the plaintiff (the reorganization financial corporation of the previous mutual savings and finance companies) completed each provisional seizure entry registration (hereinafter "registration of provisional seizure No. 2 of this case") under the same registry office No. 3826 of September 1, 2004, No. 38926 of the same registry office received on September 4, 2004, and No. 38926 of the same registry office received on September 4, 2004, and No. 56106 of the receipt on December 5, 207.

On August 18, 2003, the bankruptcy trustee of the Red Mutual Savings and Finance Company, the bankrupt, transferred the provisional attachment registration claim of this case to the Plaintiff.

E. On August 2, 2012, the Defendant completed the registration of ownership transfer based on sale (hereinafter “instant ownership transfer registration”) as the main registration based on the instant provisional registration by the Incheon District Court, Dongcheon Registry, Incheon District Court No. 2953 (hereinafter “instant provisional registration”).

F. On August 2, 2012, the registration of entry into provisional attachment Nos. 1 through 4 of the instant case was completed and ex officio.

G. The Plaintiff filed a claim against C and B with the Seoul Central District Court for a payment order stating that “C and B jointly pay to the Plaintiff 245,435,399 won and 4,000,000 won with 24% interest per annum from November 20, 2001 to the date of complete payment,” and the said payment order was served to B on June 4, 2013 and on June 19, 2013.

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