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(영문) 서울동부지방법원 2014.01.29 2013가단112488
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

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 hereto owned by the Plaintiff (hereinafter “instant real estate”), the provisional registration of the Defendant’s right to claim transfer of ownership under the name of the Seoul East Eastern District Court was received on July 6, 2012 from the Seoul East District Court No. 40172, Jun. 15, 2012, and the provisional registration of the Defendant’s right to claim transfer of ownership and the right to claim transfer of ownership (hereinafter “each of the instant provisional registration”) with respect to the real estate listed in the separate sheet 2, 3 (hereinafter “instant real estate”) as indicated in the separate sheet 2, and the provisional registration (hereinafter “each of the instant provisional registration”) was completed as of July 17, 2012 as of July 17, 2012, respectively.

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

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion continues to be in conflict due to the Defendant’s misunderstanding that the Plaintiff has a incompetant relationship with C, and thus, the Plaintiff, as a result of the failure of family life due to the failure of home life, has tried by his children, believed the Defendant who is likely to cause the Plaintiff’s property due to female problems, and completed the provisional registration of this case formally

Ultimately, since each of the provisional registrations of this case in the name of the defendant was registered without any particular reason for registration, it is null and void as a conspiracy with false representation. Therefore, the owner of each of the real estate of this case seeking cancellation of each of the provisional registrations

B. In light of the judgment, as long as each of the provisional registrations of this case was 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 false declaration of conspiracy, and there is no other evidence to acknowledge it differently. Thus, the plaintiff's above assertion is without merit.

3. The plaintiff's claim is dismissed as it is without merit.

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