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(영문) 의정부지방법원고양지원 2014.05.30 2013가단30106
가등기말소
Text

1. The defendant shall issue to the plaintiff a senior Korean District Court for each real estate stated in the attached list.

Reasons

1. Basic facts

A. On February 14, 2013, the Defendant asserted that the Plaintiff entered into a promise to return substitutes with the Plaintiff, and applied for a provisional disposition ordering provisional registration under Article 90 of the Registration of Real Estate Act. On April 18, 2013 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”), which was owned by the Plaintiff, on April 18, 2013, the Defendant issued a decision on February 14, 2013 to order the provisional registration of the right to preserve ownership transfer registration based on the promise to return substitutes (hereinafter “instant provisional registration order”).

B. The Defendant filed an application for provisional registration of each of the instant real estate based on the provisional registration order, and accordingly, the provisional registration of each transfer of ownership claim claim (hereinafter “each of the instant provisional registration”) was completed on April 24, 2013, which was the receipt of a promise to return the substitute on April 24, 2013 by the Goyang-gu District Court, Goyang-dong Branch Office, Goyang-dong Branch Office, 36170, and February 14, 2013.

C. Meanwhile, each provisional registration of this case is a provisional registration for security completed as the object of security for an obligation.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4 (including provisional number), Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. A summary of the Plaintiff’s assertion of the cause of claim 1) The Plaintiff did not have concluded a security contract with the Defendant. Each of the instant provisional registrations is null and void since the Defendant completed a security contract valid for the following reasons. A) The Defendant completed each of the instant provisional registrations using forged documents.

B) The Defendant, in collusion with Nonparty C, conspired with the Plaintiff and completed each provisional registration of this case by deceiving the Plaintiff (C) or the Defendant and Nonparty C, without any obligation or obligation, prepares a security contract, and the Defendant accordingly prepares each provisional registration of this case.

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