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1. The plaintiff's lawsuit shall be dismissed.
2. At the request of the succeeding intervenor, the defendant shall enter C in the separate sheet.
Reasons
1. Facts of recognition;
A. C (Dvers and real estate registration injury address: Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, bears obligations such as loans to G Co., Ltd., H Co., Ltd., and I.
G Co., Ltd.: (a) on April 10, 2009; (b) on June 29, 2012; (c) on June 21, 2012, and (d) on June 21, 2013, Co., Ltd. transferred each of its claims to C; and (b) granted notification of the transfer of claims to C; and (c) on behalf of each of the above creditors
On January 26, 2018, the Plaintiff transferred each of the claims that he/she acquired as above to the succeeding intervenor (hereinafter “participating”) and notified the Defendant thereof.
Accordingly, as of December 15, 2017, the total amount of each claim owned by the succeeding intervenor for C is KRW 115,778,908 (the principal for G Co., Ltd.; KRW 13,580,000; KRW 2,475,092; the principal for H Co., Ltd.; KRW 13,740,334; and interest or delay damages for P Co., Ltd.).
B. C completed the provisional registration of the right to claim the transfer of ownership in the name of the Defendant on May 24, 2004, as the Seoul Central District Court’s registry No. 25860, which was received on May 24, 2004, as the Seoul Central District Court’s 2/15 shares (hereinafter collectively referred to as “each of the instant real estates”) among the respective real estates listed in the separate list owned by C, on May 24, 2004.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings
2. Assertion and determination
A. For the following reasons, the Plaintiff asserts that the Defendant is obligated to cancel each of the provisional registration of this case against C, and that the Plaintiff claims cancellation against the Defendant in subrogation of C in order to preserve the claim against C.
① Since a trade reservation, which is the cause of each provisional registration of this case, is null and void by means of false representation in collusion between C and the Defendant, each provisional registration of this case is invalid without any cause.
② On May 24, 2004, the cause of each provisional registration of this case.