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(영문) 수원지방법원 성남지원 2018.04.17 2016가단224557
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the Defendant’s mother and the owner of the real estate indicated in the separate sheet (hereinafter “instant apartment”).

B. Around March 16, 2009, the Defendant entered into a trade reservation with the Plaintiff regarding the above apartment (hereinafter “the instant reservation”) as follows, and completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) on March 16, 2009, Sungwon District Court Sung-nam Branch, Sungwon District Court Branch, Sungnam Branching 10565.

A A and B shall enter into a trade reservation with respect to the following real estate of a person obligated to indicate the reservation party to the contract for purchase and sale (A) B as follows:

h. Article 1 A, recently, promises B to sell this real estate at the price of KRW 234,00,000,000, shall be accepted by B.

Article 2. The date of completion of the trade reservation shall be March 15, 2010, and the trade shall be deemed to have been completed as a matter of course without the B’s declaration of intention to complete the trade.

When the sale and purchase has been completed pursuant to Article 3(2), between Gap and Eul, and the sales contract for the above real estate is established, and Gap shall receive the price under Article 1 from Eul and simultaneously implement the procedure for registration of transfer of ownership due to sale and purchase of the above real estate and deliver and order the real estate to Eul.

(c) [Grounds for recognition] unsatisfy, entry of Gap evidence 1, 2, and 6, the purport of the whole pleadings;

2. The assertion and judgment

A. Plaintiff’s assertion 1) The Plaintiff concluded the instant purchase/sale reservation and made the instant provisional registration in order to solely inherit the apartment of this case to the Defendant. Since such act is null and void by means of a false declaration of agreement, the Defendant must cancel the instant provisional registration. 2) If the instant purchase/sale reservation and provisional registration do not constitute a false declaration of agreement, it constitutes testamentary gift.

The plaintiff, as the plaintiff's lawsuit of this case, withdraws the legacy of this case.

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