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(영문) 수원지방법원평택지원 2020.07.07 2020가단747
가등기말소등기
Text

The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's assertion

A. On February 11, 2014, the Plaintiff entered into a pre-sale agreement with D on the instant forest and completed the instant provisional registration under the name of the Defendant. At the time, the Defendant entered into an agreement to cancel the provisional registration of this case and complete the registration of transfer of ownership in the name of the Plaintiff on February 10, 2019, on which the purchase and sale agreement is concluded, and thus, the Defendant sought cancellation of the provisional registration of this case against the Defendant.

B. On February 10, 2019, the Plaintiff agreed to cancel the provisional registration of this case and complete the registration of transfer of ownership in the name of the Plaintiff on February 10, 2019 when the Plaintiff’s evidence alone, which was submitted by the Plaintiff, was concluded.

(2) The court below held that the plaintiff entrusted the title of the provisional registration of this case to the defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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