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(영문) 울산지방법원 2018.11.22 2018가합23014
가등기말소회복등기승낙
Text

1. The Defendants received, on July 13, 2015, the Ulsan District Court regarding the real estate stated in the attached list from the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 31, 2014, the Plaintiff completed the provisional registration of the right to claim ownership transfer on the same day (hereinafter “the instant provisional registration”) with respect to the real estate listed in the separate sheet owned by a limited liability company (i.e., the “large-liability Company Development”, “large-Scale Development of Limited Liability Company”, “large-Scale Development of Limited Liability Company”, “large-Scale Industrial Development of Limited Liability Company”, and “the instant real estate”) on the same day.

B. However, on February 13, 2015, the deferred development filed a lawsuit against the Plaintiff seeking implementation of the procedure for registration of cancellation of the provisional registration on the ground that the pre-sale agreement, which is the cause of the provisional registration of the instant case, was invalid as a false declaration of conspiracy. In the instant case, the court rendered a judgment ordering the Plaintiff to perform the procedure for registration of cancellation of the provisional registration of the instant provisional registration on June 25, 2015, when the copy, etc. of the complaint against the Plaintiff was impossible to be served several times due to the lack of closure or absence

(Ulsan District Court 2015Gahap20458). The above judgment became final and conclusive on July 11, 2015, and interest development registered the cancellation of provisional registration of this case on July 13, 2015.

C. Thereafter, on August 6, 2015, the Plaintiff filed an appeal for the subsequent completion of the said judgment. In the foregoing case, the court rendered a judgment revoking the judgment of the first instance on January 24, 2018 and dismissing the claim for deferred development on the ground that the provisional registration of this case was a provisional registration for securing the Plaintiff’s loan claims for deferred development, and that the said secured claim seems to exist.

(In Busan High Court Decision 2015Na54233). The above judgment became final and conclusive on February 9, 2018.

On the other hand, the real estate of this case is currently registered in the name of the defendants as follows.

On April 3, 2014, No. 26477, No. 26478, the attachment of the secured mortgage claim No. 26478, the content of the real estate receipt number (attached list) 1 Ulsan Metropolitan City, Ulsan Metropolitan City.

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