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(영문) 광주지방법원 2017.02.10 2014가단62614
소유권이전청구권가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) D lending the Plaintiff’s name around August 2006 to Gwangju Metropolitan City C large 387.4 square meters (hereinafter “instant real estate”).

(2) On August 3, 2006, the Plaintiff purchased the instant real estate in the auction procedure at KRW 211,00,000,000, and completed the registration of ownership transfer in the name of the Plaintiff on September 28, 2006.

3) As pretended to make a purchase and sale promise with the Plaintiff, D completed the registration of the right to claim transfer of ownership on the instant real estate by the Gwangju District Court No. 197356, Sept. 28, 2006, and thereafter transferred E the right based on the above provisional registration on the ground of the transfer of the right to the provisional registration on March 25, 2009. In addition, on the ground of the transfer on April 17, 2013, the additional registration of the transfer of the right to claim transfer of ownership in B was completed on April 23, 2013 by the Gwangju District Court No. 77534, Apr. 23, 2013. However, the Plaintiff and D’s promise to purchase and sell the instant real estate is null and void by a false declaration of agreement, E is the same as D’s children, and thus, it is also null and void each transfer contract.

Therefore, the Defendant is obligated to implement the procedure for the cancellation of the registration of the provisional right to claim ownership transfer concerning the instant real estate.

B. A supplementary registration based on the transfer of a judgment provisional registration is to specify the succession relationship based on the existing provisional registration on the register, and as such, a claim for cancellation registration of provisional registration is sufficient for the transferee only, and the transferor is not qualified for the defendant in the claim for cancellation registration.

The provisional registration is to be made (see Supreme Court Decision 67Da2558 delivered on January 31, 1968, and Supreme Court Decision 67Da482 delivered on June 13, 1967). The provisional registration before the provisional registration is dependent on the provisional registration, which is the existing principal registration, and is integrated with the principal registration.

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