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(영문) 대구지방법원 김천지원 2018.08.22 2017가단34413
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B entered into a microcredit guarantee insurance contract with the Plaintiff on August 12, 2003, and submitted the said guarantee insurance agreement to obtain a loan of KRW 10,000,000 from the Kanyang Life Insurance Co., Ltd.

B. B did not pay the principal and interest of the above loan and caused an insurance accident. On February 20, 2004, the Plaintiff paid KRW 10,829,695 of the insurance money to the Young Life Insurance Co., Ltd.

B. Meanwhile, on January 25, 2007, B completed the registration of transfer of ownership on the ground of sale on December 25, 2006 (hereinafter “the instant sales contract”) with the Daegu District Court No. 5639, the Plaintiff, a female mother-in-si, as to the land of this case (hereinafter “instant land”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4 (including serial number; hereinafter the same shall apply) and the purport of whole pleadings

2. The Plaintiff’s assertion is that the instant sales contract was made with a view to avoiding compulsory execution against the instant land in excess of debt, and thus constitutes a false conspiracy and invalidation, thereby seeking cancellation of the registration of transfer of ownership in the name of the Defendant on the ground that it constitutes a false representation of agreement

3. In principle, since the registration of ownership transfer in the judgment real estate register is presumed to be just and reasonable and the party asserting that the procedure and cause are unjust, the sales contract which served as the grounds for registration is invalid as the false declaration of agreement, the party asserting such registration shall also be liable to prove

(2) In light of the above legal principles, the Plaintiff asserts that the instant land was purchased at the time of the instant sales contract, including the health team, the evidence submitted by the Plaintiff and the Defendant, and the fact that the Defendant exceeded the obligation at the time of the instant sales contract, and that there was no reason to purchase the instant land located at the time of the Gu-U.S., where the Defendant was entirely absent.

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