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(영문) 창원지방법원통영지원 2016.11.24 2015가단8994
가등기말소 회복등기 등
Text

1. As to the real estate listed in the separate sheet to the Plaintiff:

A. Defendant B, the first Changwon District Court, the registration office of Changwon District Court, on January 2015.

Reasons

1. Basic facts

A. Defendant B completed the registration of ownership transfer due to inheritance by consultation and division on May 7, 2009, the receipt No. 20556, which was completed on May 7, 2009, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On September 20, 201, the Plaintiff, the mother of Defendant B, completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on September 19, 201, with the Matern registry office No. 48015, Sept. 20, 201.

C. On November 24, 2015, the registry office of the instant provisional registration was revoked on November 23, 2015 due to the cancellation on November 23, 2015.

Defendant B entered into a contract with D and one other on November 24, 2015 to sell the instant real estate in KRW 200 million.

E. On December 1, 2015, Defendant B entered into a contract with Defendant C to sell the instant real estate in KRW 200 million.

F. As to the instant real estate, Defendant C completed the registration of ownership transfer on the ground of sale on December 1, 2015, (i) No. 75865, supra, and (ii) December 1, 2015 (hereinafter “instant sale”).

G. As to the instant real estate, Defendant C, as joint collateral, with the grace office No. 1, 2015, Dec. 1, 2015, and 1) Sysi-si E as to the instant real estate, is the maximum debt amount of KRW 408,00,000, the debtor C, the debtor C, and the fisheries cooperatives with the right to collateral security (hereinafter “Defendant Association”).

2) The registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”).

2) complete the registration of creation of superficies for the defendant association with superficies, as the receipt No. 75907, with respect to the ownership of buildings, other structures, or trees for purposes, the entire scope of the land, the date of registration of the establishment of the duration, 30 years from the date of registration of the establishment of the duration,

H. The execution of the procedure for the restoration registration of the provisional registration of this case cancelled to Defendant B, and the completion of the pre-sale agreement based on the provisional registration of this case.

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