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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As to the area of 2,68 square meters and 2,102 square meters (hereinafter “instant real estate”), the Plaintiff, who owned C, completed the registration of the right to claim the transfer of ownership on the ground of “sale reservation on September 16, 2004” as the Jincheon District Court, Jincheon District Court No. 14516, Sept. 17, 2004. The Defendant is a certified judicial scrivener who was in charge of the affairs for which the said provisional registration was completed.
B. However, on June 21, 2005, C filed a lawsuit for cancellation of provisional registration No. 2005da59825 (hereinafter “previous lawsuit”) against the Plaintiff, asserting that the above provisional registration is completed by C’s wife F, holding C’s seal impression design and resident registration certificate, without its own permission, and that it should be cancelled accordingly. The Incheon District Court filed a lawsuit for cancellation of provisional registration No. 2005da59825 (hereinafter “previous lawsuit”). The Plaintiff asserted and responded to the responsibility of expression agency.
C. However, the above court rendered a judgment against the plaintiff on August 17, 2006, which held that "the plaintiff cannot be deemed to have a justifiable reason to believe that F has the authority to act for C in respect of the execution of the provisional registration of this case for the purpose of securing monetary rent," and that the plaintiff's appeal (Seoul District Court 2006Na11364) was dismissed on July 6, 2007 and the above judgment became final and conclusive.
Accordingly, on August 17, 2007, the provisional registration that the plaintiff completed on the real estate of this case was cancelled by Jincheon District Court No. 19084 on October 5, 2007.
[Identification Evidence: Evidence Nos. 1 through 3 (including a Serial number; hereinafter the same shall apply)
(i) the entry in Category B(1) and the purport of the entire pleading
2. The plaintiff's assertion that the plaintiff lends F a KRW 1.5 billion to F, and make a provisional registration on the real estate of this case for the purpose of securing the security.