2013da 112488 Cancellation of provisional registration

A

B

January 15, 2014

January 29, 2014

1. The plaintiff's claim is dismissed.

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

The Defendant: (a) the registration procedure for cancellation of the provisional registration of the right to claim ownership transfer, which was completed by the Seoul Eastern District Court No. 40172 on July 6, 2012 with respect to the real estate listed in the attached list 1; (b) the registration procedure for cancellation of the provisional registration of each right to claim ownership transfer, which was completed by the Cheongju District Court No. 19779 on July 17, 2012 with respect to the real estate listed in the attached list 2

1. Facts of recognition;

A. The plaintiff and the defendant were legally married on August 10, 1966, but a consultation has been married around May 13, 2005.

B. With respect to the real estate listed in the separate sheet 1 attached to the Plaintiff’s list owned by the Plaintiff (hereinafter “real estate of this case”), the Seoul Eastern District Court (Seoul Eastern District Court No. 40172, Jul. 6, 2012; No. 40172, Jun. 15, 2012; and with respect to the provisional registration of the Defendant’s right to claim transfer of ownership and the real estate listed in the separate sheet 2, 3 (hereinafter “instant 2 and 3 real estate”), the right to claim transfer of ownership under the Defendant’s name was registered (hereinafter collectively referred to as “each provisional registration of this case”), as of July 17, 2012, No. 19779, supra, as of July 16, 2012.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including each number), the purport of the whole pleadings

2. Consultations and Determinations

A. The plaintiff's assertion

The Plaintiff, who is subject to the failure of family life due to the Defendant’s misunderstanding that the Plaintiff had a dynasty relationship with C, continues to have conflict, etc. due to the Plaintiff’s misunderstanding, is believed to have believed the Defendant who is likely to cause property due to female problems and completed the provisional registration of this case formally for the peace of family life. Ultimately, since each provisional registration of this case in the name of the Defendant was completed without any particular cause for registration, each of the provisional registrations in the name of the Defendant is null and void as a false declaration of conspiracy. Accordingly, the Plaintiff

B. Determination

As long as each of the provisional registrations of this case has been completed, each of the above registrations shall be presumed to have been completed lawfully. The evidence submitted by the plaintiff alone is insufficient to recognize that each of the above provisional registrations was completed based on a contract null and void as a conspiracy, and there is no other evidence to prove otherwise. Thus, the plaintiff's above assertion is without merit.

3. Conclusion

Thus, the plaintiff's claim is dismissed as it is without merit.

Judges Yellow Gyeong-Gyeong

A person shall be appointed.