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(영문) 부산지방법원동부지원 2015.06.05 2014가단11606
가등기말소등기
Text

1. As to the Plaintiff with regard to Busan Shipping Daegu D & 365 square meters

A. Defendant B is the Dong Branch of Busan District Court on December 29, 1988.

Reasons

1. Determination as to the claim against the defendant B

A. In order to prevent the plaintiff from a land dispute lawsuit with neighbors, the plaintiff with the indication of the claim is falsely labeled in collusion with the defendant B.

Since the provisional registration stated in the port has been completed, Defendant B is obligated to implement the procedure for cancellation registration of the above provisional registration that is null and void to the Plaintiff.

B. Article 208(3)3 of the Civil Procedure Act (Service by Public Notice) of the applicable provisions of Acts

A. 1) In order to prevent a land dispute lawsuit with neighbors, the Plaintiff conspired with Defendant C and completed the provisional registration indicated in Section 1.B. of the Disposition by False Indication. Even if the above provisional registration was completed on the ground of donation, the above donation contract was revoked, and the Defendant C filed a claim for the cancellation registration of the above provisional registration. 2) Accordingly, the Defendant C filed for provisional registration to donate the above real estate to Defendant C. The Plaintiff’s provisional registration was completed in order to prevent the above provisional registration, and since the contract for sales reservation attached to the registration certificate of the above provisional registration was written donation, the above provisional registration cannot be revoked on the ground that the Plaintiff was not based on written donation.

B. In full view of the purport of the pleadings as to Gap evidence Nos. 1 and Eul evidence Nos. 1 and 7, the plaintiff completed the provisional registration of the right to claim ownership transfer on December 29, 198 with respect to the amount of 365 square meters in Busan Shipping Daegu D, which was a fraud, on December 29, 198, and completed the registration of the right to claim ownership transfer on March 23, 1989, which was later than 3 months after the fact that the right to claim ownership transfer was completed on March 23, 1989. The contract of the pre-sale attached to the certificate of registration of the above provisional registration issued by defendant C entered the plaintiff, the right to promise, the right to the defendant, the right to the deposit, the right to deposit money 20 million won in the same text, and it can be recognized that the other part of the pre-sale written by the plaintiff, the real estate purchase price and the date of completion of the sale are in blank column.

As seen above, provisional registration of Defendant B is made.

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