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(영문) 광주지방법원순천지원 2016.03.17 2015가단18040
가등기말소
Text

The defendants shall support the plaintiff with respect to the share of 1/2 of each of the real estate listed in the attached list in the Gwangju District Court.

Reasons

1. Indication of claim;

A. (1) The status of the party (1) The non-party D is a person who in collusion with the non-party E and completed the registration of the right to claim ownership based on a false promise to sell and purchase each real estate listed in the attached list, which was owned by the above E, and is obligated to cancel the registration of the right to claim ownership transfer based on the false representation or the lapse of the exclusion period.

However, the above network D died on November 29, 2014, and its heir is the defendant B and C, who is the child, and the inheritance shares are 1/2 each.

(2) The Plaintiff purchased each real estate listed in the separate sheet from the above E, and has the right to request the cancellation of the registration of ownership transfer claim provisional registration on the ground that the above network D, a provisional registration holder, becomes void due to false conspiracy or the expiration of the exclusion period, as to the above network D.

B. The provisional registration of this case is void because it constitutes false representation of agreement.

(1) Each real estate listed in the separate sheet was owned by Nonparty E.

(2) However, the above E was jointly and severally guaranteed when Nonparty F obtained a loan of KRW 15 million from the old Agricultural Cooperative on December 2, 1993, and KRW 3 million on November 25, 1994, and thereafter, if the above F is unable to repay each of the above loans, it would be likely that each of the real estate listed in the separate sheet, which is one’s own ownership, will be disposed of by seizure, etc., and it would be likely that it will be disposed of by auction. In collusion with the above network D, which is a friendly relative who has no relationship with the former E and agreed to sell each of the real estate to KRW 3,001,60, even though it did not have any intention to buy and sell each of the real estate listed in the separate sheet, I agreed to make a provisional registration with the above network D as a provisional registration right holder.

(3) Accordingly, on May 9, 1997, E had the lapse of the above completion date on December 10, 1998 with regard to each real estate listed in the separate sheet between E and D, 3,001,60 won, and the date of completion of the sale and purchase reservation.

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