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(영문) 대구지방법원 2017.10.13 2017가합201785
통정허위표시의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 7, 2015, Defendant D and B awarded a successful bid of 1/10 shares of each of the real estate listed in the separate sheet in the Daegu District Court F and G compulsory auction procedure (hereinafter “instant apartment”) and acquired ownership of each of the above shares on the 15th of the same month.

B. On June 24, 2015, Defendant E completed provisional registration on June 19, 2015 with respect to 1/10 shares of Defendant D’s apartment of this case on the ground of a pre-sale agreement as of June 19, 2015.

(hereinafter “Provisional Registration of this case”). C.

On July 7, 2015, Defendant C completed the provisional attachment registration upon receipt of the decision of provisional attachment by the Seoul Southern District Court 2015Kadan392 with respect to 1/10 of the instant apartment units of this case by Defendant B.

(hereinafter “instant provisional seizure”). D.

On August 11, 2016, the Plaintiff acquired ownership by winning 4/5 shares of the apartment of this case during the compulsory auction procedure at the Daegu District Court HH District Court H.

[Ground of recognition] Unsatisfy, Gap evidence No. 1

2. Summary and judgment of the claim

A. The summary of the claim is that the Defendants conspired with the intent to decrease the successful bid price of the above apartment in the formal auction based on the partition lawsuit against co-owned property, and the provisional registration of this case was established and the provisional registration of this case is revoked, and the above provisional registration is sought to nullify the invalidity of the above provisional attachment.

B. The evidence submitted by the Plaintiff alone is insufficient to recognize the provisional registration and provisional seizure of this case as null and void due to a false conspiracy (in particular, the provisional seizure of this case cannot be deemed null and void without permission, unless it is revoked in the appeal procedure in question with the decision of the court). There is no other evidence to acknowledge it. Thus, the Plaintiff’s claim cannot be accepted.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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