가등기말소
1. The Defendant (Counterclaim Plaintiff) B shall provide the Plaintiff (Counterclaim Defendant) with each real estate indicated in the attached Forms 1 and 2 of “Real Estate Indication”.
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. Defendant C is the Plaintiff’s wife, and Defendant B is the Plaintiff’s children.
B. As to each real estate listed in paragraphs 1 and 2 of the “Real Estate Indication” (hereinafter “Real Estate No. 1”), Defendant B had completed the provisional registration of the right to claim transfer of ownership on the same day as the receipt of No. 6442 on February 14, 2008 by the Busan District Court dong Branch Branch Office of the Namsan Branch Office of District Court 2008 (hereinafter “instant provisional registration”).
C. As to the real estate listed in paragraph (3) of the “Real Estate Indication” [Attachment 2], the Plaintiff-owner, the registration of the Busan District Court and the provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration No. 2”) was completed on March 21, 2008 as the receipt of No. 13511 on March 21, 2008.
【Ground of recognition】 An without any dispute, entry of Gap evidence 1-1, 2, 2, and 3, and the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The gist of the Plaintiff’s assertion 1) Notwithstanding the absence of an agreement to transfer the ownership of each of the instant real estate to the Defendants, the Defendants voluntarily completed each of the instant provisional registrations by using the Plaintiff’s seal imprint certificate. Therefore, each of the instant provisional registrations is invalid registration. 2) Even if the Plaintiff completed each of the instant provisional registrations against the Defendants, such provisional registration is based on a false conspiracy or a title trust. However, since the instant title trust agreement was terminated, each of the instant provisional registrations should be cancelled due to the invalidity of cause or the cancellation of title trust.
3) Accordingly, Defendant B is obligated to perform the registration of Defendant B’s provisional registration in this case, and Defendant C is obligated to perform the registration procedure for cancellation of the instant provisional registration in the instant case. B) In the event that the registration of ownership transfer has been completed with respect to real estate in the relevant legal doctrine, that registrant is not only against the third party.