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(영문) 수원지방법원 2018.12.06 2018나66913
가등기말소
Text

1. Revocation of a judgment of the first instance;

2. As to each real estate listed in the annexed real estate list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of transfer of ownership on April 30, 2014 with respect to each real estate listed in the separate sheet of real estate (hereinafter “instant real estate”).

B. On August 31, 2017, the provisional registration of the right to claim transfer of ownership, which was “the Defendant with a provisional registration authority,” was completed on August 30, 2017, by the receipt of No. 12118 of the Chuncheon District Court’s territorial branch, etc. on each of the instant real property, as to the instant real property.

(hereinafter referred to as "the ground for recognition" of the provisional registration of this case . . / [the ground for recognition] The entry of Gap evidence 1-1 and 2, and the purport of the whole pleadings.

2. The party's assertion and its determination

A. The summary of the plaintiff's assertion 1) The plaintiff's assertion 1) The provisional registration of this case is null and void since there is no legitimate cause relationship with the provisional registration of this case.

B) The “contract for purchase and sale of August 30, 2017,” which was indicated as the grounds for registration of the instant provisional registration, constitutes a false conspiracy and thus null and void. (C) Even if the purchase and sale reservation is valid, the Defendant did not pay the purchase and sale reservation to the Plaintiff, and the purchase and sale reservation was rescinded upon delivery to the Defendant of a copy of the complaint stating the purport of seeking cancellation of the instant provisional registration.

2) The Defendant’s assertion A) The Defendant’s sentence, who was the Plaintiff’s wife, attempted to sell the instant real estate to the Defendant future, and the Defendant, who became aware of this, demanded that the Plaintiff share his portion.

As a result, the plaintiff set up the provisional registration of this case on the ground that he paid the defendant's share in the purchase price after making provisional registration in the future of the defendant.

B. The Plaintiff completed the provisional registration of this case to the Defendant with the intent to donate the instant real estate.

B. We examine whether the provisional registration of this case is lawful and valid grounds for registration exist.

If Eul evidence Nos. 2 and Eul evidence Nos. 4 added the purport of the whole pleadings, the following circumstances, i.e., the grounds for registration of this case, which are ① August 30, 2017.

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