Whether it constitutes the exercise of subrogation rights

Since a pre-contract for sale is invalid as a false declaration of intention that has conspired, there is a duty to cancel provisional registration based on the pre-contract upon request of subrogation.

Article 404 of the Civil Act / [Subrogation Creditor]

1. The defendant will implement the procedure for the cancellation of the registration of the right to claim the transfer of ownership, which was completed on February 21, 200 by the receipt No. 3065, with respect to the real estate stated in the separate sheet to the non-party ○○○ District Court.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Facts of recognition;

A. On February 19, 200, the defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter referred to as the "provisional registration of this case") as stated in the separate sheet owned by Na○○○, the husband, on the ground of trade reservation (hereinafter referred to as "sale reservation of this case") on February 19, 200.

B. ○○ did not pay KRW 79,936,450 for the Plaintiff the value-added tax of KRW 63,769 on October 8, 2007. As of October 8, 2007, ○○ did not pay the Plaintiff KRW 73,769,80 on value-added tax of KRW 29,99. There is no particular property

Grounds for Recognition: Facts without dispute, entries in Gap evidence 1 through 4 (including paper numbers), and the purport prior to pleadings

2. The parties' assertion

A. The plaintiff's assertion

B. In order to avoid tax liability against the Plaintiff, ○○○ entered into a false pre-sale agreement with the Defendant, and thus, the pre-sale agreement of this case is null and void. The Plaintiff seeks to cancel the provisional registration of this case based on the pre-sale agreement, which is null and void by subrogation of ○○ as a creditor against ○○○.

B. Defendant’s assertion

In around 1993, the Defendant lent 30 million won to Na○○○ at an annual interest rate of 10%, and 20 million won after three months. The Defendant concluded the instant trade reservation and made the instant provisional registration on account of Na○○○’s failure to repay the above 30 million won. Accordingly, the instant trade reservation and provisional registration are valid.

3. Determination

A. The reason that ○○ did not pay the value-added tax for the second period of 1999; that ○○ and Na○○ are married couple; that the provisional registration of this case was completed seven years or more after the maturity date of loans claimed by the Defendant, and that the principal registration was not completed even after the lapse of seven years or more after the provisional registration of this case was completed; that the Defendant stated that he did not have any actual interest payment even with the assertion that the interest rate of KRW 30 million was set at 10% per annum; although the Defendant did not have received a loan from ○○, even though ○○ did not have received a loan, it was alleged that the Defendant returned the certificate of loan to ○○○ upon completion of the provisional registration of this case, on the ground that the provisional registration of this case was completed, even if the loan was not repaid, it did not have any profit payment; that the Defendant’s return of the certificate of loan to ○○○ upon completion of the provisional registration of this case, and that the Defendant concluded the provisional registration of this case to ○○○○ and did not accept the above evidence 3000.

B. Therefore, the reservation of this case is null and void as a false declaration of intent which has conspired, and the defendant is obligated to cancel the provisional registration of this case based on the reservation of this case upon the plaintiff's request for subrogation of this case.

4. Conclusion

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

1. ○○-si ○○-ri 2 ○○-ri 3,580 square meters;

2. 13-3 931 square meters per annum;

3. 248-3 2,521 square meters per annum;

4. 23-1 Forest land of the same Ri, 3,235 square meters;