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(영문) 대구지방법원서부지원 2016.08.12 2013가합4457
가등기말소
Text

1. The Plaintiff:

A. As to the buildings listed in the separate sheet, Defendant B’s Sung Branch Branch of the Daegu District Court on February 2013.

Reasons

1. Basic facts

A. On October 24, 2008, Defendant B newly constructed a building as indicated in the separate sheet (hereinafter “instant building”) and registered the preservation of ownership under its name on October 24, 2008, Defendant B issued a provisional registration on October 24, 2008 (hereinafter “the provisional registration of this case”) on the instant building to the Plaintiff on October 24, 2008, No. 17977 of the receipt on October 24, 2008, based on a trade reservation (hereinafter “the instant provisional registration”).

B. On September 5, 2012, Defendant C filed a lawsuit against the Plaintiff for the cancellation of provisional registration under the Seoul Central District Court 201Ga75579, asserting that the provisional registration of this case was the registration of invalidity of cause based on the pre-sale agreement, which is the pre-sale agreement between the Plaintiff and Defendant B, and on December 28, 2012, the court rendered a judgment ordering the implementation of the procedures for the cancellation of provisional registration of this case upon receiving the claim by the Defendant C and the decision ordering the implementation

However, at the time of the above lawsuit, Defendant B filed a lawsuit as the representative director of the Plaintiff, but the representative director of the Plaintiff was changed to E on November 15, 2012 immediately before the judgment was rendered.

(However, the registration of change of officer was completed on November 20, 2012. Nevertheless, when the original copy of the judgment was served on Defendant B, who was the former representative director of the Plaintiff on January 14, 2013, Defendant B did not notify E who was newly appointed to the representative director and did not file an appeal, and the said judgment became final and conclusive on January 29, 2013.

C has completed the cancellation registration of the provisional registration of this case as the receipt No. 2094 on February 8, 2013 with the final and conclusive judgment as the title of execution.

C. On February 18, 2013, the Plaintiff confirmed that the instant provisional registration was cancelled on February 8, 2013, and filed an appeal subsequent to the Seoul High Court 2013Na16901 on February 18, 2013, and the court rendered a judgment dismissing the Plaintiff’s appeal on September 6, 2013 on the ground that the instant provisional registration was the registration of invalidity of cause by means of trade reservation, which is a false declaration of conspiracy.

The plaintiff appealed to the Supreme Court Decision 2013Da79344 Decided February 27, 2014.

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