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(영문) 수원지방법원 2016.02.02 2013가단36800
가등기말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Defendant completed the provisional registration of ownership transfer claim (hereinafter “provisional registration of this case”) on November 24, 201 with respect to the instant real estate owned by the Plaintiff on the ground of trade reservation on November 25, 201, which was received on November 25, 201 by Suwon District Court No. 17599 on the ground that the Defendant was the mother of the Plaintiff.

The application documents for provisional registration of this case (No. 6-1) are written by the Plaintiff as the person liable for registration, and the Defendant as the person liable for registration, respectively, and the signature of the original Defendant and the seal of the original Defendant are affixed to each name of the original Defendant, respectively.

On November 24, 2011, the document which caused the provisional registration of this case, written reservation to sell and purchase (Evidence A7, hereinafter “instant reservation”) dated November 24, 201, includes KRW 250,500,000 of the contractor, the Defendant, the right holder of the reservation, and the pre-sale amount. The signature of the original Defendant and the seal of the original Defendant are affixed to each name.

[Based on the recognition] The facts without dispute, Gap evidence Nos. 1 through 4, 6, and 7 (Evidence No. 6-1, No. 7, and each plaintiff's name are based on the plaintiff's seal, since there is no dispute between the parties, the authenticity of the whole document is presumed to have been established, since the facts following the plaintiff's name were based on the plaintiff's seal). The plaintiff's assertion of the purport of the whole argument as to the plaintiff's assertion of the plaintiff's purport of the whole argument. According to D and E's statement in charge of the application for provisional registration of this case, the provisional registration of this case is a provisional registration for the principal registration. The provisional registration of this case brought about the plaintiff's seal imprint to the plaintiff's seal imprint, and there was

(2) Even if the Plaintiff’s name and address are recognized as valid a pre-sale agreement of this case, the pre-sale agreement of this case was concluded by deception, and is revoked by the delivery of the complaint of this case.

③ Although the Defendant asserts that the provisional registration of this case is a provisional registration for security, the Plaintiff did not borrow money from the Defendant, and the amount of the secured claim is not specified.

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