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Reasons
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(영문) 인천지방법원 2016.09.29 2016가단10345
추심명령으로인한 소유권이전등기
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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 7:

D) Around April 1, 2010, the exchange contract is in progress. D means the real estate of this case from F to the Nam-gu Incheon Metropolitan Government C large 304.6 square meters (hereinafter referred to as “the real estate of this case”).

(2) On November 29, 2010, D had completed the registration of transfer on the part of the Defendant on the part of November 29, 2010 without filing the registration of transfer under the above exchange contract, and G had completed the registration of transfer on the part of the Defendant, the husband of the Defendant, but did not complete the registration of transfer in the future. D had completed the registration of transfer in the first future designated by D, under the above exchange contract.

B. D’s claim for damages 1) G filed a lawsuit seeking damages against G in the way of restitution, after completing the registration of ownership transfer for real estate located in Pyeongtaek in Pyeongtaek in the future, after the completion of the registration of ownership transfer for the real estate located in Pyeongtaek, for which the registration of restitution was cancelled, and the said right to collateral was exercised and sold to a third party during the sale process for exercising the right to collateral.

(In Incheon District Court 2016Gahap53943). (c)

The Plaintiff’s collection order 1) around May 1, 2015, the Plaintiff seized the Plaintiff’s right to claim the registration of ownership transfer of the instant real estate upon the cancellation of the real estate exchange contract as of March 11, 2014, where D had the obligor and the Defendant as a third party obligor, with the title of execution, with the bill No. 2013, No. 802 (170,000,000) signed by the law firm Yellow Sea as of July 16, 2013.

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