가등기말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff was paid KRW 395,528,130 of the compensation for the above restaurant building and land due to the fourth lecture project around February 2009 while operating the restaurant at the land of the Dong-si C with the defendant who was the wife.
On May 29, 2009, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from D in the purchase price of KRW 143,00,000, and paid the said purchase price as part of the said compensation.
As to the instant real estate, the Plaintiff completed the registration of transfer of ownership based on the said sale in the Plaintiff’s future as the Daegu District Court Branch No. 15673, Jun. 1, 2009. From that time, the Plaintiff was a director of the instant real estate along with the Defendant and resided in the instant real estate.
On October 12, 2009, the Plaintiff drafted a pre-sale agreement with the Defendant that the Plaintiff would sell the instant real estate in KRW 135,000,000 (hereinafter “instant pre-sale agreement”) to the Defendant, and on the other hand, the pre-sale agreement document does not stipulate the period for the Defendant’s declaration of intent to complete the sale.
On October 12, 2009, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on October 12, 2009, which was received on October 2, 2009 from the Daegu District Court Branch of the Daegu District Court, for the instant real estate, based on the trade reservation on the same day.
【In the absence of dispute, the Plaintiff, at the request of the Defendant, prepared a trade reservation certificate of this case, at the request of the Defendant, as the Plaintiff prepared a false trade reservation certificate of this case between the Plaintiff and the Defendant. Thus, the trade reservation based on the trade reservation certificate of this case between the Plaintiff and the Defendant (hereinafter “trade reservation of this case”) is the fictitious act by false representation, and is null and void in accordance with Article 108 of the Civil Act. Moreover, the trade reservation of this case is the Plaintiff’s property disposal disposition.