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(영문) 대구지방법원안동지원 2014.10.22 2014가단3269

가등기 말소등기 청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff sold the instant real estate at KRW 70,00,00 to C around March 27, 2012, and received KRW 15,00,000 on the said date as down payment, and made a provisional registration of the instant case on the ground of a pre-sale agreement to the Defendant designated by C on March 28, 2012, but C should be revoked in violation of the contract for intermediate payment and the remainder payment. Therefore, the instant provisional registration should also be revoked.

2. The issue of whether the provisional registration is a provisional registration for payment in kind is determined by whether the provisional registration is the real purpose of collateral security, and it is not determined by the formal entry whether the cause in the registry of the relevant provisional registration is a trade promise or not, or whether the cause in the registry of the relevant provisional registration is a trade promise;

(2) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles as to the provisional registration of this case, and by misapprehending the legal principles as to the ownership transfer registration of this case, the court below erred by misapprehending the legal principles as to the ownership transfer registration of this case. The court below erred by misapprehending the legal principles as to the ownership transfer registration of this case. The court below did not err by misapprehending the legal principles as to the ownership transfer registration of this case. The court below did not err by misapprehending the legal principles as to the ownership transfer registration of this case. The court below did not err by misapprehending the legal principles as to the ownership transfer registration of this case, as otherwise alleged in the ground of appeal.

and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.