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(영문) 창원지방법원마산지원 2017.09.19 2016가단105537
가등기말소
Text

1. Of the real estate listed in the separate sheet to F, with respect to the share of 3/21 by Defendant A, and the share of 2/21 by Defendant B and C, respectively.

Reasons

1. Facts of recognition;

A. G, Defendant D, and E completed the provisional registration on July 15, 1995 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by F, on the 14th day of the same month, the right to claim a transfer registration of the entire share based on a pre-sale agreement (hereinafter “the provisional registration of this case”).

After that, G died on February 4, 2003, and Defendant A, B, and C are their successors.

B. On September 30, 2003, the Plaintiff acquired the credit card payment claim against F from EL card Co., Ltd. (hereinafter “instant claim for acquisition money”), and the said company notified F of this fact.

C. Around July 2005, the Plaintiff seized the instant real estate as a claim claim against the instant amount acquired by transfer.

(Seoul Central District Court 2005Kadan89554). In addition, on February 28, 2006, F filed a lawsuit against F seeking the payment of the claim of this case and received a favorable judgment (Seoul District Court 2006Gadan6133), the judgment became final and conclusive around that time.

As of October 5, 2016, the total amount of the instant bonds acquired is KRW 57,827,711.

E.F does not currently own other real property than the instant real property.

(The instant real estate conflicts with other seizures or provisional seizures). Also, from 2006 to 2013, no income was reported to the competent tax office (the earned income reported from 2014 to 2016 is only KRW 31,66,662 in total) and local taxes are delinquent from 204.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6 (including virtual numbers), the fact-finding results with respect to the Minister of Court Administration of this Court, the result of the response of each order to submit tax information to the head of the Gangseo-gu Busan District Court, the purport of the whole pleadings

2. Determination

A. The issue of whether a provisional registration is a provisional registration of this case’s provisional registration is determined by whether the relevant provisional registration is an actual purpose of collateral security, and it is determined by whether the relevant provisional registration is an actual purpose of collateral security.

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