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(영문) 대법원 2015.09.10 2014다200619
말소승낙의 의사표시
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. The expression of false declaration in collusion with the other party is null and void, but with respect to a third party in good faith who has a new legal interest on the basis of the legal relationship formed by a false indication as a person other than the party or universal successor of the false indication, not only the party of the false indication but also anyone of the parties cannot oppose the invalidation of the false indication. As such, in relation to the third party in good faith, the false

(2) In the event that a debtor and a third-party debtor, after the provisional seizure on a claim, cancel or reduces a claim after the provisional seizure on the claim, cannot be set up against the creditor, and such act cannot be set up against the creditor. Thus, in case where there are special circumstances, such as where the debtor and the third-party debtor, after the provisional seizure on the claim, cancel the legal relationship which is the cause of the claim, and there are no reasonable grounds such as the termination of the agreement, the third-party debtor cannot set up against the creditor against the seizure or provisional seizure on the ground that the claim subject to seizure was extinguished due to the above termination of the agreement.

(2) On June 1, 2001, the court below attached the right to claim the transfer of ownership under the instant provisional registration on the ground that C was delinquent in national taxes on April 14, 201, and the Defendant attached the right to claim the transfer of ownership under the instant provisional registration on April 15, 201, on the ground that (1) the Plaintiff entered into the instant provisional registration with C on January 11, 2008 in order to oppose the preservative measure, such as the prohibition of real estate disposal against the instant real estate by the reconstruction and rearrangement project association (hereinafter “B association”) on January 11, 2008, and completed the provisional registration of the right to claim the transfer of ownership on the ground of the instant provisional registration on February 11, 2008,

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