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(영문) 전주지방법원군산지원 2014.08.19 2013가단9920
가등기말소
Text

1. The defendant shall be the plaintiff.

A. Regarding each real estate listed in the separate sheet No. 1, the Jeonju District Court’s Gunsan Branch on February 2013

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff received each transfer of KRW 90 million from C on February 20, 2013, and KRW 1 million on February 21, 2013, and returned KRW 99 million to C on February 20, 2013, in order to pretend the payment of down payment, although the Plaintiff had not concluded a sales contract with C on each of the real estate listed in the attached Tables 1 and 2 (hereinafter “instant building”).

On February 20, 2013, the Plaintiff completed a provisional registration with respect to the instant building to C on February 20, 2013, No. 7736 and 7737, which was received on February 20, 2013, to preserve the right to claim for ownership transfer registration under the above sales contract (hereinafter “instant provisional registration”).

C From March 21, 2013 to request the Plaintiff to cancel the provisional registration of this case from March 21, 2013, the same year.

6.5. The defendant's explanation

6.4. The transfer registration of the above provisional registration was completed on the ground of transfer;

[Ground of recognition] 1, 2, 3, and 6 evidence Nos. 1, 2, 3, and 6 (including each number), the witness C's testimony, and the purport of the whole pleadings

B. According to the above facts of determination, although the Plaintiff and C did not have entered into the actual sales contract, they conspired with each other, and thus, declared their intent to enter into the sales contract fraudulently, and thereby completed the provisional registration of this case as to the instant building.

Therefore, since the provisional registration of this case is the registration of invalidity of cause, the defendant, who received the above provisional registration, is obligated to execute the procedure for cancellation registration of the above provisional registration with respect to the building of this case.

2. Judgment on the defendant's assertion

A. A. The summary of the assertion (1) The provisional registration of this case guarantees all the Plaintiff’s obligations against the Defendant, etc. arising from the said association agreement, including damages liability arising from nonperformance of the obligation to make investments as stipulated in the association agreement concluded around February 18, 2013 between the Plaintiff, the Defendant, C, and D (hereinafter “Defendant, etc.”) (hereinafter “instant association agreement”).

② The Plaintiff breached its duty of investment.

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