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(영문) 부산지방법원 2019.10.16 2019가단303175
가등기 말소에 대한 승낙의 의사표시
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. The Plaintiff is the former president of the C Regional Housing Association established for the purpose of promoting the housing construction project for the Busan Jin-gu B (hereinafter “Small-gu Association”).

B. On July 20, 2017, the Plaintiff completed on July 20, 2017, the registration of the provisional registration of the right to claim transfer of ownership, which was based on the trade promise, from the Busan District Court’s Busan District Court’s receipt of the registry office, on June 2, 2017, as to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate No. 1”), and completed the registration of each right to claim transfer of ownership, which was based on the trade promise, on September 26, 2017, as to the respective real estate listed in the separate sheet No. 2 list No. 5751, Sept. 26, 2017 (hereinafter “instant real estate No. 2”).

C. After the provisional registration of the above right to claim ownership transfer (hereinafter “each of the above provisional registrations”) has been completed, the defendant (a disposal office: Kimcheon-do Office and shipping tax office) seized the right to claim ownership transfer based on the provisional registration of each of the instant real estate Nos. 1 and 2 (hereinafter “each of the instant real estate”), and completed the registration of the right to claim ownership transfer of provisional registration (hereinafter “each of the instant provisional registrations”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. The gist of the Plaintiff’s assertion is that the right under each of the instant provisional registrations belongs to the Plaintiff, which was the head of the association, and thus, each of the instant provisional registrations is based on title trust and null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

Therefore, the Defendant, which completed each of the instant provisional registrations based on each of the instant provisional registrations, is obligated to express his/her consent to the Plaintiff regarding the cancellation registration of each of the instant provisional registrations.

3. According to the judgment under the Real Estate Real Name Act, a title trust agreement and any registration subsequent thereto was made.

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