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(영문) 서울남부지방법원 2018.01.25 2016가단218359
가등기말소
Text

1. The defendant shall make the Seoul Southern District Court with respect to the share of 3/10 of the real estate stated in the attached list to the plaintiffs.

Reasons

1. On April 21, 2016, the gist of the plaintiffs' assertion received 3/10 shares (hereinafter "shares in this case") of D (D, family relations register or resident registration card E, hereinafter "D on the registry of real estate") from among the real estate (hereinafter "multi-units in this case") listed in the separate sheet, and completed the registration of transfer of shares in 1/2 shares (i.e., 3/20 shares for the entire apartment in this case) among the shares in this case on April 25, 2016. The defendant revoked the provisional registration on April 21, 2009 on the ground of a pre-sale on April 6, 2009 (Seoul Southern District Court's registration No. 20393, Apr. 21, 2009; hereinafter "the provisional registration in this case") and completed the provisional registration on April 21, 2009 (hereinafter "registration No. 20393, Jun. 16, 2015).

However, the provisional registration of this case was made based on the false agreement or a title trust agreement, and is null and void or its substance is merely the registration of collateral price, and the plaintiffs eventually extinguished the shares of this case according to the auction procedure awarded. Thus, the provisional registration of this case and the principal registration completed on the basis of the provisional registration

2. In light of the following circumstances, the provisional registration of this case is a registration based on the false conspiracy, which is invalid cause, and the principal registration of this case completed accordingly is also a registration of invalid cause, and the defendant is also a registration of invalid cause, and the provisional registration of this case and the cancellation registration of this principal registration of this case is also a registration of invalid cause, in light of the following circumstances: Gap's evidence 1 to 25, Eul's evidence 1 to 3, 9, 10, 12, 13, 16, 17, and 19 (including various numbers; hereinafter the same shall apply)'s each statement, the order submission of financial transaction submission and reply to the chief of the point of the point of occupation, the result of the meeting, the witness F, and G's testimony.

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