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(영문) 서울북부지방법원 2015.07.10 2015나746

소유권보존등기말소 등(원인무효)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is by the main text of

2. The plaintiff's assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Plaintiff, at his own effort and cost, acquired the instant building, and the Defendant B also agreed to complete the registration of ownership preservation in the name of the Plaintiff after recognizing the Plaintiff’s ownership. However, the Defendant B completed the registration of ownership preservation in the name of the Plaintiff in violation of the above agreement. The registration of ownership preservation in the name of the Defendant B should be cancelled as it is null and void, and the remaining Defendants’ ownership transfer registration in the name of the Defendants should also be cancelled as it is null and void. 2) Even if the registration of ownership preservation in the name of the primary Defendant B is valid, it is merely for the purpose of securing the claim for the site price. Since the Plaintiff, around September 12, 2002, purchased 390 million won for the secured debt of the instant building, which was established on the instant site, and the remainder of the registration in the name of the Defendants, which was made in the name of 1.3 million won for the remainder of the registration in the name of the Defendants.

B. In light of the facts acknowledged prior to the determination of the primary argument, G is the defendant.