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(영문) 수원지방법원 여주지원 2021.01.21 2019가단58334
소유권말소등기
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On February 4, 2003, the Plaintiff: (a) obtained a provisional disposition prohibiting the sale, gift, lease on a deposit basis, mortgage, right of lease, or any other act of disposal against Non-Party D with respect to the land of this case and the land of this case owned D by Suwon District Court 2003Kao 188 (hereinafter “non-party to this case”); (b) on the ground of this, on February 7, 2003, the Plaintiff registered the provisional disposition in the name of the Plaintiff with respect to the land of this case (hereinafter “the provisional disposition of this case”); (c) on the ground of this, the Plaintiff filed a lawsuit against Non-party D for the transfer of ownership (hereinafter “the final judgment of this case”) with the Suwon District Court 203Hun-Ba 1719, and the court rendered a final judgment as to Non-party to this case’s land ownership on the ground of this case’s execution on August 1, 201, etc. (hereinafter “non-party to this case’s land”).

On May 27, 2000, Nonparty D completed the registration of the establishment of the right to collateral security with the maximum amount of KRW 50 million on the instant land to the Defendant and F. However, on April 27, 2004, the registration of the establishment of the right to collateral security was cancelled on the ground of the cancellation on April 27, 2004.

On December 22, 2005, D completed the registration of the establishment of a collateral security with the maximum amount of KRW 20 million with respect to the instant land to Nonparty G (hereinafter “instant collateral security”). D.

On May 25, 2012, the Plaintiff completed the registration of the transfer of ownership of the instant land and the instant land by the final judgment of the instant case.

In this regard, on May 23, 2012, the Plaintiff filed an application for the rescission of the enforcement of the instant provisional disposition, and accordingly, on May 31, 2012, the instant provisional disposition on the instant land and Nonparty’s land is registered.

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