beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against C on July 10, 2014 against the Seoul Central District Court 2014Gahap549142 for the implementation of provisional registration procedures, etc. on the ground that the claim for the settlement amount was in accordance with the land development project agreement, etc. concluded with the Plaintiff, D, and C (hereinafter “C”) on August 16, 2010, and on January 20, 2017, C was sentenced to five percent per annum from December 5, 2014 to January 20, 2017, and the amount calculated at 15 percent per annum from the next day to the date of full payment (“the Plaintiff’s partial winning judgment to pay”). The Plaintiff’s appeal is an appeal against the aforementioned judgment.
B. On December 5, 2014, the Defendant entered into a pre-sale agreement with C on real estate listed in the separate sheet owned by C (hereinafter “instant pre-sale agreement”) with C on December 5, 2014, and entered into a provisional registration on the registration of the Cheongju District Court and the provisional registration on the right to claim transfer of ownership under the Defendant’s name (hereinafter “the provisional registration of this case”).
[Reasons for Recognition] Facts without dispute, Gap evidence 2, 6, 7, 9 (including virtual number), Eul evidence 4, the purport of the whole pleadings
2. The parties' assertion and judgment
A. 1) The instant provisional registration between the Plaintiff and C is null and void as a false conspiracy. The instant provisional registration, which was made on the ground of the said trade reservation, should be cancelled as the cause null and void. The Plaintiff seeking the cancellation of the instant provisional registration by subrogation of C, as a creditor of C, on behalf of C, for the invalidation of the instant trade reservation and C. 2) The Plaintiff’s filing of the instant claim against the Defendant on behalf of C is inappropriate. The Plaintiff is not in insolvent, and it is not reasonable for C to make the instant claim on behalf of C. The Defendant borrowed KRW 669 million from a financial institution on October 17, 2013 to lend it to C as a company’s operating fund, and accordingly, made the instant provisional registration.