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(영문) 수원지방법원 2020.11.19 2019나87177
가등기말소
Text

The judgment of the first instance shall be revoked.

2. The defendant is the Suwon District Court with respect to the apartment registered in the attached list to the plaintiff.

Reasons

Basic Facts

The following facts may be acknowledged in full view of the purport of the entire pleadings in each statement in Gap 1 through 3, 11 through 17, and Eul 1, unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:

[Plaintiff] The Plaintiff’s certificate of pre-sale out of the certificate No. 1 (hereinafter “instant pre-sale certificate”).

(A) Although the Plaintiff asserts that the evidence Nos. 2 and 2 were forged, the authenticity of each of the above documentary evidence is recognized as follows, so the Plaintiff’s above assertion is without merit.

A on November 1, 2016, purchased from E an apartment as stated in the attached list (hereinafter referred to as “instant apartment”) with the price of KRW 174 million, and completed the registration of ownership transfer on the ground of this on December 1, 2016.

B. On December 13, 2016, on the ground of the pre-sale agreement (hereinafter “instant pre-sale agreement”), the instant pre-sale agreement was completed with the same provisional registration as that stated in Paragraph (2) of the Disposition (hereinafter “the instant provisional registration”). As the documents required for the provisional registration, the Defendant entered into a pre-sale agreement with A to purchase the instant apartment from A on December 13, 2016 to purchase KRW 150,000,000,000 from A, and on the same day, entered into the pre-sale agreement with A to pay KRW 149,000,000 as the pre-sale deposit on the same day.

(hereinafter referred to as the above KRW 149 million is “the reservation deposit of this case”. (c)

On the other hand, A died on September 7, 2019 (hereinafter referred to as “A”) while the instant lawsuit was pending, and there was the Plaintiff and his father, who is her husband, as her father, as her husband, as her husband, but C also died on April 19, 2020, the Plaintiff inherited the deceased by substitute C in lieu of the deceased who died first.

Judgment on the Grounds of Claim

A. The Plaintiff’s assertion should be cancelled as a registration of invalidation of the cause for which the provisional registration of this case was made by forged documents. Even if it is not so, the Deceased’s deposit money 100 million won as set forth in the promise to sell and purchase this case from the Defendant.

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