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(영문) 서울서부지방법원 2019.01.25 2018나40093
가등기말소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition of the judgment on the plaintiff's new argument to the court of first instance as described in paragraph (2) below, and thus, it is cited by the main sentence of

2. The Plaintiff added the portion of the provisional registration was in collusion with the Co-Defendant C and D of the first instance trial, one of the children, in order to protect the Plaintiff’s property from one of the friendships with whom the Plaintiff’s property was extremely lacking in the ability to make judgment due to the aged age. However, at the office of a certified judicial scrivener, the Plaintiff filed a provisional registration for 1/2 share in the case of C, a bad credit holder, who was a bad credit holder, for whom legal counseling was wrong and for whom taxes were delinquent. The provisional registration of this case was completed based on the false representation of agreement between the Plaintiff, C and D, and the Defendant did not constitute a third party under Article 108(2) of the Civil Act because it did not constitute a person with a de facto new legal interest on the basis of the legal relationship formed by the completion of the provisional registration of this case. Thus, the Defendant asserts to the effect that the Plaintiff is obligated to

On the other hand, a false declaration of intention in collusion with the other party is null and void, but with respect to a third party in good faith who has a new legal interest based on the legal relationship formed by a false declaration as a person other than the party of a false declaration or a general successor, not only the party of a false declaration but also any person who has entered into a new legal interest based on the externally constituted legal relationship. As such, with respect to a third party in good faith, the relation to the third party in good faith is effective as indicated by the false declaration. As such, even if the pre-sale promise of March 2, 2017 between the Plaintiff, C and D, which is the cause of the provisional registration of this case in the name of C, is null

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