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(영문) 서울북부지방법원 2016.05.13 2015가단134082
가등기말소
Text

1. The defendant is against the plaintiffs:

A. The Suwon District Court Yangyang-gu registry office with respect to the area of 1,088 square meters prior to Gyeonggi-gu D on December 2013.

Reasons

1. Facts of recognition;

A. Plaintiff A and B are mother-and-child owners, and the Plaintiffs are co-owners who own shares in each of the real estate listed in Section 1 of the Disposition. Plaintiff B is the sole owner of the real estate listed in the Attached Table 2.

B. The Defendant registered the right to claim the transfer of the entire co-owner’s share in the name of the Defendant on December 2, 2013, as to Plaintiff A’s father and Plaintiff B’s 1,08 square meters (hereinafter “Yanyang-gun”) on December 2, 2013, as to the real estate indicated in the separate sheet No. 5134 on December 2, 2013; and the right to claim the transfer of the entire co-owner’s share in the name of the Defendant on December 2, 2013, as to the real estate indicated in the separate sheet No. 110498 on December 2, 2013, the Seoul Northern District Court’s Northern District Court’s registration of the right to claim the transfer of the entire co-owner’s share in the name of the Defendant on December 2, 2013, and as to the real estate indicated in the separate sheet No. 2 list No. 3013, Aug. 13, 2012.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 2-4, purport of whole pleadings

2. Determination:

A. Although the plaintiffs' assertion stated "sale reservation" as the grounds for provisional registration of the defendant's name as to each of the real estate of this case, there was no actual trade promise between the plaintiffs and the defendant regarding each of the real estate of this case, which merely made a provisional registration by making it possible for the defendant convenient to manage real estate of this case, it constitutes a false declaration of conspiracy, and thus, it is invalid as it constitutes a false declaration of conspiracy. Thus, each of the provisional registrations of this case, which was made for an invalid

B. According to the following circumstances acknowledged by the judgment, the above evidence and the purport of the entire pleadings, an actual sales promise is made between the Plaintiffs and the Defendant regarding each of the instant real estate.

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