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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant A decided to build a new building, such as a five-story neighborhood living facilities on the ground of the first floor above reinforced concrete structure, in Gyeyang-gu Incheon, E, F, and G (hereinafter “H”), and was loaned KRW 4 billion from Defendant C (hereinafter “Defendant C”) on September 20, 2007 for the construction of the said building.
B. On November 3, 2010, H’s name was changed from the Plaintiff to I, and on December 1, 2010 to Defendant B Co., Ltd. (hereinafter “Defendant B”).
C. On March 18, 2011, Defendant B entered into a contract of collateral guarantee between Defendant C and Defendant C to bear the Plaintiff’s obligation of the above loan to Defendant C within the limit of 5.2 billion won.
As the Plaintiff and Defendant B failed to repay the above loans to Defendant C, on January 11, 2012, Defendant C applied for provisional seizure with respect to H on the condition that they were not yet registered to the Incheon District Court on January 11, 2012. Upon the decision of the above court and the commission of the registration of provisional seizure, on April 9, 2012, the registration of preservation of ownership in the name of Defendant B and the registration of provisional seizure in the Incheon District Court was completed on April 9, 2012 by the creditor’s joint attachment registration No. 15701, April 9, 2012.
On the other hand, J Co., Ltd. concluded a real estate trust agreement with Defendant B on April 24, 2012, and completed the registration of ownership transfer based on the above trust agreement as the receipt No. 18665 of April 24, 2012 on the same day.
E. The buyer of H asserted that the registration of preservation of ownership by Defendant B should be cancelled as the registration of invalidation of the cause for the registration of preservation of ownership of the Plaintiff, Defendant B, J, Defendant C, etc., and filed a claim suit, such as cancellation of registration of preservation of ownership, with the Incheon District Court 2013Gahap36596.
Since the above court is null and void of a change in the name of the owner and the registration of ownership preservation of Defendant B was made based on the change in the name of the owner, Defendant B is obligated to perform the procedure for registration of cancellation of ownership preservation, and Defendant C is obligated to perform the procedure for registration of cancellation.