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(영문) 수원지방법원 안양지원 2018.11.29 2015가합104386
가등기말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was that the Daesan General Construction Co., Ltd., the owner of each building of this case, had already sold each building of this case to the Plaintiff and had the obligation to register ownership transfer in accordance with the final judgment, and concluded a false pre-sale or sales contract in collusion with the Defendant for the purpose of evading this, and completed each registration of this case based on it. The Defendant also actively participated in the act of breach of trust as seen above.

Therefore, since each of the registrations of this case is a invalid registration based on a pre-sale agreement or a sales contract which is null and void due to a false conspiracy or anti-social legal act, the plaintiff seeks to implement the procedure for cancellation of each of the registrations of this case on behalf of the defendant in order to preserve the right to claim the transfer registration of ownership against the M

2. Determination on this safety defense

A. Since each of the registrations of this case, for which the Plaintiff sought cancellation, was already cancelled, there is no interest in filing a lawsuit seeking cancellation of each of the registrations of this case against the Plaintiff.

B. 1) In the course of a lawsuit seeking the implementation of the procedure for registration of cancellation of ownership transfer registration, where the registration of transfer of ownership was already cancelled for any other reason, there is no legal interest to seek cancellation any longer (see Supreme Court Decision 2004Da50044, Sept. 28, 2005). Eul evidence (including the serial number, hereinafter the same applies) No. 9

According to the statement of each of the above, each of the registration of this case in the name of the defendant is only Embal al. Co., Ltd. (hereinafter "Embal al.").

3) Each registration of ownership transfer in the name (hereinafter “each registration of ownership in the instant case”)

It is recognized that all of the registrations of this case had been cancelled due to the invalidation of provisional disposition, and the lawsuit of this case seeking the cancellation again for each registration of this case already cancelled has no interest in the lawsuit, except in extenuating circumstances.

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