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(영문) 춘천지방법원 2019.04.10 2018나52515
소유권말소등기
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

In the lawsuit of this case.

Reasons

1. Basic facts

A. On April 10, 2009, the provisional registration of ownership transfer in the name of D on April 10, 2009, and the provisional registration of the right to claim ownership transfer in the name of Defendant B on August 5, 2009 (hereinafter “provisional registration in the name of Defendant B”) was completed respectively.

B. On July 27, 201, with respect to the provisional registration under Defendant B’s name as to the real estate No. 1, the additional registration changed to Defendant C on November 11, 201, and the additional registration changed to Defendant C on November 29, 201, was completed in order.

C. On December 1, 201, the registration of ownership transfer was completed in the name of Defendant C based on the provisional registration of Defendant C’s name on December 1, 201.

(hereinafter referred to as “principal registration in the name of the defendant C”). [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence No. 2 (including paper numbers), the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. Based on monetary claims against D, the Plaintiff is a provisional attachment right holder who completed the provisional attachment registration for each real estate listed in the separate list Nos. 1, 4, 5, and 7, and is a transferee of the right to collateral security based on the G name regarding each real estate listed in the separate list Nos. 1 through 4, 6, and 7.

B. Defendant B lent KRW 63 million to D on February 25, 2009, and around April 2009, transferred the above loan claim to H.

Nevertheless, on July 5, 2009, Defendant B agreed that “D agreed to complete provisional registration on the real estate Nos. 1 and 2 in order to pay for the debt 63 million won to Defendant B,” and applied for provisional registration on August 5, 2009, and completed provisional registration under Defendant B’s name.

C. Provisional registration of Defendant B’s name was completed when the secured debt has been extinguished, and it was concluded by false conspiracy between D and the Defendants.

In addition, the establishment of provisional registration is subject to fraudulent act or deception, and should be revoked.

Therefore, the name of the defendant B.

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