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(영문) 서울북부지방법원 2018.04.11 2017가단129312
가등기말소
Text

1. On February 7, 2017, the Defendant: (a) on the real estate stated in the separate sheet to the Plaintiffs, the Seoul Northern District Court’s Northern District Court registry office.

Reasons

1. Facts of recognition;

A. On February 2, 2017, the Defendant, at the restaurant located in Jungdong-dong, Jungdong-gu, Seoul, concluded that the Plaintiff “in the city Chosung is the president of the LG Electronic Authority. Around early February 2, 2017, the Defendant transferred the provisional registration to the real estate listed in the [Attachment List] to LG Electronics (hereinafter “the apartment of this case”).

B. In fact, the Defendant did not have a relationship with the LG Electronic President, and did not have the intent or ability to employ the Defendants’ children to the LG Electronics.

C. On February 7, 2017, Plaintiff B, who belongs to the Defendant’s aforementioned false statement, completed the provisional registration of the Defendant’s right to claim the transfer of shares in the name of the Defendant (hereinafter “the provisional registration of this case”) on the ground of the pre-sale agreement on the same date.

On February 9, 2018, the defendant was sentenced to imprisonment with prison labor for four years for fraud at the Seoul Eastern District Court [2017Da3923, 4194 (Joint)] on February 9, 2018, and is currently pending in the appellate trial.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the reservation to sell and purchase the instant provisional registration on February 7, 2017, which was the cause of the instant provisional registration, was made by the Defendant’s deception against the Plaintiff B. The reservation was revoked by the delivery of a copy of the instant complaint indicating the intent of revocation by the Plaintiffs.

Therefore, the defendant is obligated to implement the procedure for the cancellation registration of the provisional registration of this case based on the above trade reservation.

3. In conclusion, the plaintiffs' claims are justified, and all of them are accepted. It is so decided as per Disposition.

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