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(영문) 서울북부지방법원 2016.09.21 2016가단123461
소유권말소등기
Text

1. The plaintiff's selective claim that the cancellation registration of ownership transfer is dismissed.

2. The plaintiff's selective claim.

Reasons

The plaintiff's assertion on the claim for cancellation registration of transfer of ownership has C with a joint and several surety claim equivalent to KRW 100 million and delay damages.

C On January 17, 2011, upon completing a provisional registration with respect to the real estate listed in the separate sheet (hereinafter in this case’s real estate) to the Defendant on the same day, the Defendant completed the principal registration on May 9, 2016 on the ground of the completion of the trade reservation as of January 29, 2016.

However, this registration is based on the false declaration of conspiracy made without the completion of the promise to sell and purchase, and the plaintiff applies for the cancellation of the principal registration to the defendant in subrogation of C.

In a case where a third party in the market has completed the registration of ownership transfer with a final and conclusive judgment on the execution of the procedure for the registration of ownership transfer against the owner of the real estate, the right to seek the cancellation of the registration on the ground that the registration of ownership transfer in the name of the third party is null and void by subrogation of the owner of the real estate in order to preserve the claim, unless the final and conclusive judgment is null and void or cancelled by a litigation for retrial is not permissible since it conflicts with the res

(See Supreme Court Decision 97Da46955 Decided February 24, 199). In full view of the purport of the argument in Gap evidence Nos. 2 and Eul evidence Nos. 1, the defendant filed a lawsuit against Suwon District Court 2016Gadan1416 on April 7, 2016 against Eul for the implementation of the principal registration procedure based on provisional registration with respect to the real estate of this case, and was sentenced on January 29, 201 to "C shall, upon the provisional registration completed under the receipt No. 2970 on January 29, 201, based on the provisional registration completed under the receipt No. 2970 on January 17, 201, the Incheon District Court 201 and the above judgment becomes final and conclusive on April 26, 2016, and the defendant shall accept the registration office on May 9, 2016 based on the above final judgment.

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