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(영문) 제주지방법원 2018.10.17 2017나2304
가등기말소
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added by this court is dismissed.

3...

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, with the exception that the "decision on the claim against Defendant C" of the judgment of the court of first instance is modified as stated in the corresponding part of the judgment of the court of first instance, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The modified part;

A. In the Plaintiff’s assertion, the provisional registration of this case in the name of the Defendant, which was completed with respect to 1/2 of the real estate of this case, is null and void because, in order to prevent the deceased from disposing of the real estate of this case, the deceased and the Defendant entered into a false promise to sell and purchase this case under the agreement between the deceased and the Defendant, or G, etc., which was made in the house, caused the deceased to enter into the instant promise to sell and purchase this case by force. Accordingly, the provisional registration of this case, which was completed, is invalid as it constitutes a conspiracy, false indication, or an expression of intention without fault.

In addition, at any time upon request of the Plaintiff, the Defendant made an oral agreement to cancel the provisional registration of this case, and the Plaintiff wishes to cancel the provisional registration of this case.

Therefore, the defendant is obligated to cancel the provisional registration of this case to the plaintiff.

Preliminaryly, in the instant reservation, the Defendant and the co-defendant B of the first instance trial agreed to pay KRW 10 million to the Deceased as the deposit money on the date of the promise to sell and purchase. As such, the Defendant is obligated to pay KRW 1/2 of the deposit money to the Deceased, and it is apparent that the Defendant did not pay it until now and there is no intention to pay it. As such, the Defendant rescinded the instant reservation by serving the application for change of the conjunctive claim and the cause of the claim on August 20, 2018 without a peremptory notice by subrogation of the Deceased.

Therefore, the defendant is obligated to cancel the provisional registration of this case as reinstatement following the cancellation of the above pre-sale contract.

B. As to the 1st argument on real estate, the judgment is rendered.

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