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(영문) 수원지방법원성남지원 2015.10.21 2015가단209582
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that, as Eul in collusion with the defendant in advance for the purpose of avoiding the creditor's compulsory execution, the above sales contract is null and void, and therefore, the transfer of ownership registered in the name of the defendant on the ground of the above sales contract should be cancelled by the registration invalidation of the cause for invalidity. The plaintiff seeks to cancel the above transfer of ownership by subrogationing B as the creditor of B.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the sales contract concluded between the Defendant and B on the instant real estate was null and void as a conspiracy, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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