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(영문) 의정부지방법원 2018.02.02 2016가단130257
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the portion of 126/1,392 shares out of 728 square meters in Namyang-si, Namyang-si, the provisional registration of the Plaintiff’s right to claim the transfer of ownership was completed on June 18, 2010, with the receipt of the Jung-gu District Court’s Seoul District Court’s receipt of registration office on June 18, 2010, and the registration of transfer of ownership in D based on the sale as of May 13, 2010, respectively.

B. D and the plaintiff are married couple.

C. As to the above provisional registration, the registration of the transfer of the Defendant’s name was completed with No. 125312 of the receipt of the same registry office on December 2, 2010, which was based on the transfer from September 8, 2010.

[Ground of recognition] The fact that there is no dispute, Gap's evidence, and the purport of whole pleading

2. The gist of the plaintiff's assertion ① The plaintiff did not transfer his right to claim ownership transfer based on the above provisional registration to the defendant on September 8, 2010. The supplementary registration of the transfer of the defendant's name with respect to the above provisional registration was completed based on the false representation of agreement.

② On November 30, 2010, the Defendant agreed to cancel the additional registration in the name of the Defendant regarding the above provisional registration immediately upon the Plaintiff’s request.

Therefore, the defendant should cancel the registration of the transfer of the defendant's name with respect to the above provisional registration to the plaintiff.

3. Determination

A. First, there is no evidence to acknowledge the additional registration in relation to the above provisional registration as to whether the additional registration in relation to the transfer of the defendant's name was completed based on false representation in collusion.

Rather, according to the purport of evidence evidence Nos. 2, 3, 5, and 6 and all pleadings, the Defendant filed a lawsuit against D against D with the District Court 2014Gahap9462, and in the above litigation proceedings on March 4, 2015, “D shall pay 215,000,000 won to the Defendant until May 31, 2015, and 215,00,000 won to the Defendant, respectively, until June 30, 2015” (2015,107). The summary of the cause of the claim alleged by the Defendant in the above litigation proceedings is as listed below, and even until now D did not implement the above conciliation proceedings.

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