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(영문) 의정부지방법원 2017.05.26 2016가합1448
가처분등기말소
Text

1. The defendant on August 10, 2007 with respect to the plaintiff with respect to the area of 6,200 square meters in Gyeonggi-gun Co., Ltd. prior to the Gyeonggi-do District Court.

Reasons

1. Basic facts

A. The provisional registration of the right to claim the transfer of ownership in the name of E (hereinafter “the provisional registration of this case”) was completed on August 10, 2007 with respect to the Guang-gun, Pyeongtaek-gun, the Gyeonggi District Court (hereinafter “instant real estate”) 6,200 square meters (hereinafter “the instant provisional registration”).

B. As to the instant real estate, on August 17, 2007, the registration of ownership transfer was completed in the name of Han River C&D Co., Ltd., and on July 22, 2008, the registration of ownership transfer was completed in the name of Han River C&D, the maximum debt amount of which was KRW 260,000,000, and the registration of establishment of a neighboring mortgage to Han River Home C&D and the mortgagee F.

C. F applied for a voluntary auction on the instant real estate to J with the District Court G, and received a voluntary decision to commence auction on May 14, 2010.

(hereinafter “instant auction procedure”). D.

In the instant auction procedure, the Plaintiff became the highest bidder, and was decided to permit the sale on August 18, 201 by the above court, paid the purchase price on June 27, 2014, and completed the registration of ownership transfer on September 12, 2014.

E. On October 31, 2014, the Defendant decided to lend KRW 1 billion to E on the condition that the instant provisional registration is taken over from E, and paid KRW 800 million to E, the Defendant applied for a provisional disposition with respect to the instant provisional registration as the District Court 2014Kahap632 with the right to claim the transfer registration of the instant provisional registration against E as the right to be preserved, and received a decision on December 9, 2014 from the above court.

In addition, the District Court of the Republic of Korea completed the supplementary registration of the provisional registration of this case as of December 9, 2014, No. 29621, which was received on December 9, 2014.

F. E filed a lawsuit against D for ownership transfer registration based on the provisional registration of the instant case, and won a favorable judgment in the first instance trial (Seoul High Court Decision 2011Na106879 and Supreme Court Decision 2013Da43109). However, in the appellate trial and the final appeal (Seoul High Court Decision 2011Na10689 and Supreme Court Decision 2013Da43109), the provisional registration of the instant case constitutes the provisional registration of security

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