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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. Co., Ltd. (hereinafter “C”) Co., Ltd. (hereinafter “C”) (hereinafter “C”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
) On October 30, 200, the sales contract for purchasing each of the instant real estate from the Defendant, which is a gas filling station and its site (hereinafter “instant first sales contract”).
(1) The registration of ownership transfer of each real estate of this case (hereinafter referred to as the “registration of ownership transfer of this case”) was entered into with the Daegu District Court Branch of Seogu District Court No. 3585, Nov. 8, 2000.
(2) On April 206, 2006, the Plaintiff concluded a sales contract to purchase each of the instant real estate from C, and completed the registration of ownership transfer under the receipt No. 19414 on May 16, 2006 by the same court (hereinafter “instant second ownership transfer”).
B. On April 25, 2008, the court accepted the above provisional disposition application on May 2, 2008, and decided the provisional disposition of this case on May 2, 2008, and executed it on the same day, since the first sale contract of this case was simultaneously caused by D's breach of trust where C's representative director was the defendant's chief director. Thus, the first transfer registration of ownership of this case was null and void due to a juristic act in anti-social order. The second transfer registration of ownership of this case also became null and void. The court applied for provisional disposition on April 25, 2008 with respect to each of the real estate of this case as the right to be preserved.
C. On May 6, 2008, the defendant filed a lawsuit on the merits and confirmed the judgment on the merits of the case. The defendant filed a lawsuit on May 6, 2008 against C and the plaintiff et al. for the cancellation of ownership transfer registration (hereinafter referred to as "the lawsuit").