2012 Gohap75579 Cancellation of provisional registration

A

B A.

December 14, 2012

December 28, 2012

1. The defendant will implement C the procedure for the cancellation of provisional registration of the right to claim ownership transfer, which was completed on October 24, 2008 as the receipt No. 17977, with respect to the building listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Facts of recognition;

A. On October 18, 2004, the Plaintiff loaned KRW 500 million to C as of December 31, 2007.

B. C, when the building listed in the separate sheet (hereinafter “instant building”) was put into insolvent in the process of constructing a new building, as to the instant building completed in order to escape compulsory execution on October 24, 2008, he/she completed the provisional registration of the right to claim transfer of ownership as stated in the order for trade reservation in the future of the Defendant, who is currently in office, as representative director.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

Since each reservation entered into with C as to the instant building is null and void as a false declaration of agreement, the Plaintiff may seek the cancellation of the provisional registration against the Defendant on the instant building by subrogation, in order to preserve the above loan claim against C, which is currently insolvent.

The defendant's assertion that the plaintiff filed the lawsuit of this case after the lapse of one year from the time that the provisional registration was made with the knowledge that the above reservation was a false declaration of conspiracy, cannot be accepted since the plaintiff's assertion that the false declaration of conspiracy can be asserted at any time without restriction on the time.

Judge Park Jong-dae

Judges Oralk

Judges Domincs

A person shall be appointed.