Although the promise to trade is deemed invalid as a false conspiracy, it cannot be asserted against the Republic of Korea as a bona fide third person.

The plaintiff asserts that the reservation of this case was null and void as a false conspiracy, but it cannot be asserted to the Republic of Korea as a bona fide third party. Thus, the defendant Republic of Korea has no obligation to express his/her consent to the procedure for cancellation registration of provisional registration

2018dada 38070 Action for cancellation of provisional registration;

AA

Republic of Korea and one other

October 12, 2018

November 23, 2018

1. Defendant BB shall implement the procedure for registration cancellation of the registration of the right to claim transfer of ownership, which was completed on July 19, 2016 by the Seoul Central District Court registry No. 0000, with respect to the real estate listed in the attached list, to the Plaintiff.

2. The plaintiff's claim against the defendant Republic of Korea is dismissed.

3. Of the costs of lawsuit, the part arising between the Plaintiff and Defendant BB is assessed against the Plaintiff, and the part arising between the Plaintiff and the Defendant Korea is assessed against the Plaintiff.

Cheong-gu Office

Paragraph (1) and Defendant Republic of Korea shall be the end of the registration of the right to claim ownership transfer under Paragraph (1) against the Plaintiff

For sub-registration, a declaration of acceptance is made.

1. Facts of recognition;

A. On March 30, 2015, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). Defendant BB completed the provisional registration of ownership transfer claim (hereinafter “the instant provisional registration”) as described in paragraph (1) on July 19, 2016 due to trade reservation as of July 19, 2016.

B. On November 10, 2016, Defendant Republic of Korea completed a supplementary registration of seizure under Article 000 of the same court’s receipt of the provisional registration of this case.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Both claims;

A. The plaintiff

Since the Plaintiff’s provisional registration of this case was made in the future of Defendant BB is null and void by means of false conspiracy, Defendant BB is obligated to implement the procedure for cancellation registration of the provisional registration of this case, and Defendant Republic of Korea, the execution creditor of the provisional registration of this case, is obligated to express his/her consent regarding the procedure for cancellation registration of the provisional registration of this case.

B. The Defendants

(1) Defendant BB

Around the time of the provisional registration of this case, the Plaintiff borrowed money from the Plaintiff, but did not cancel the provisional registration of this case. Thus, the provisional registration of this case should be cancelled.

(2) Defendant Republic of Korea

Since the defendant Republic of Korea is a bona fide third party, the plaintiff cannot oppose the defendant Republic of Korea who is an execution creditor, and the defendant Republic of Korea has no obligation to express his/her consent to the procedure for the cancellation registration of the provisional registration of this case.

3. Determination

A. In full view of the fact that Defendant BB did not disclose the details such as the Plaintiff’s loan amount and recognized the duty to cancel the provisional registration of this case, it is reasonable to deem the provisional registration of this case as the registration of invalidity of cause caused by false representation between the Plaintiff and the Defendant BB. Therefore, Defendant BB is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff.

B. The expression of false declaration in collusion with the other party is null and void, but with respect to a third party in good faith who has a new legal interest based on the legal relationship formed externally by a false indication as a person other than the party of a false indication or a general successor, not only the party of the false indication but also any person who has committed such false indication cannot oppose the invalidation of the false indication. As such, in relation to a third party in good faith, the false indication is also effective as indicated (see, e.g., Supreme Court Decision 94Da12074, Apr.

Defendant Republic of Korea’s seizure of the right to claim for the transfer registration of ownership against the Plaintiff of Defendant BB based on the instant purchase and sale reservation and completion of the seizure registration regarding the instant provisional registration falls under Article 108 subparag. 2 subparag. 3 of the Civil Act, which had a new legal interest based on the instant purchase and sale reservation, and barring any special circumstance, the third party under Article 108(2) of the Civil Act is presumed in good faith (see, e.g., Supreme Court Decision 2002Da1321, Mar. 10, 2006).

Therefore, Defendant Republic of Korea does not have a duty to express his/her consent to the procedure for cancellation registration of the provisional registration of this case.

4. Conclusion

The plaintiff's claim against the defendant BB is accepted, and the defendant's claim against the Republic of Korea is dismissed.