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(영문) 의정부지방법원 2018.06.19 2017가단123638
가등기말소
Text

1. The Defendant received on November 23, 2016 from the Plaintiff on the Gu Government District Court Macheon-si, Macheon-si, Macheon-si, Macheon-si.

Reasons

1. Basic facts

A. On January 8, 2010, the instant land was originally owned D, and the ownership transfer registration under the Plaintiff’s name was completed on March 11, 2010 on the grounds of sale on January 8, 2010.

B. On November 22, 2016, the Plaintiff completed the registration of the right to claim ownership transfer on the instant land on November 23, 2016, based on the trade reservation.

【Reasons for Recognition: Evidence No. 1

2. The parties' assertion

A. On January 2010, the Plaintiff completed the provisional registration of November 22, 2016 with regard to the Defendant, who is a personal circumstance that purchased and owned the instant land.

However, the provisional registration, however, should be cancelled because the provisional registration is completed only in the name of the defendant under the mutual understanding without the actual quality of the trade reservation, because it is a registration for invalidation by a false false representation without the payment of the price for the trade reservation.

B. The original owner of the instant land was D, and the registration was completed only in the name of the Plaintiff around January 2010.

The provisional registration of the defendant's name completed later is a provisional registration to secure ownership of D, which is the actual owner, and a registration of invalidation is made at the end of January 2010 as the ownership transfer registration of the plaintiff's name.

3. Determination

A. According to the facts acknowledged earlier and the purport of the entire pleadings, the following facts and circumstances, namely, ① the Defendant’s statement of intent to revoke the agreement to sell and purchase the instant land at KRW 87,400,00,000, which is the cause of provisional registration under the name of the Defendant (the evidence No. 1, the Defendant denied the authenticity on the date of the first pleading, which was caused by mistake after the Defendant’s rejection of the authenticity on the date of the first pleading). According to the Defendant’s argument, “the Plaintiff promised to sell the instant land at KRW 87,40,000,000,000 as the deposit money on the date of the reservation, and the Defendant did not pay the deposit money to the Plaintiff under the said agreement.”

The provisional registration of the name of the defendant is D, the actual owner of the land of this case.

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