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(영문) 대구지방법원김천지원 2015.07.22 2015가단1464
소유권이전청구권가등기말소
Text

1. The Defendant received on July 8, 2014 from the Daegu District Court as to the real estate stated in paragraph (1) of the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. As to the real estate listed in paragraph (1) of the attached Table No. 1, the Defendant completed the registration of the provisional registration of the right to claim ownership transfer based on the purchase and sale promise as of July 8, 2014 by the Daegu District Court (Seoul District Court) No. 132182, Jul. 4, 2014; and the registration of the provisional registration of the right to claim ownership transfer based on the purchase and sale promise as of July 7, 2014, the old Daegu District Court (Seoul District Court No. 45216, Jul. 4, 2014) as to each real estate listed in

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

On August 13, 2014, the Defendant remitted KRW 70 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that her husband C committed an unlawful act with another female, and tried to divorce with the Plaintiff, and thus, he/she was against the Defendant.

As C is highly likely to file a claim for division of property with respect to the real estate in the name of the plaintiff, it is recommended that provisional registration should be made to the defendant.

Accordingly, the Plaintiff’s delivery of KRW 70 million in cash to the Defendant, and the Defendant pretended to lend KRW 70 million to the Plaintiff, and completed the provisional registration of this case, and thus, the provisional registration of this case is null and void as it is by means of false conspiracy with the Plaintiff.

Therefore, the Defendant is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff.

B. Around June 2014, the Plaintiff asserted that the Defendant may file a divorce suit with the Defendant by committing an unlawful act with another female. As such, the Plaintiff, while wishing to have the instant real estate registered in the name of the Defendant, would pay KRW 70 million in return for the provisional registration.

Accordingly, the Defendant completed the provisional registration of this case and received KRW 70 million from the Plaintiff.

The plaintiff around August 11, 2014 to the defendant.

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