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(영문) 대전지방법원 2018.09.13 2017가단200945
가등기말소
Text

1. On March 14, 2013, the Defendant: (a) on each real estate listed in the attached list to the Plaintiff, the Daejeon District Court’s Sejong District Court’s Sejong Registry.

Reasons

1. Basic facts

A. From January 17, 2013 to January 17, 2016, the Plaintiff’s mother was retired while serving as the representative director of the Defendant Company.

B. C concluded, on behalf of the Plaintiff, a sales contract on December 22, 2012, to sell each of the lands listed in the separate sheet owned by the Plaintiff (hereinafter collectively referred to as “instant land”) in the purchase price of KRW 560 million, on behalf of the Plaintiff, and concluded a sales contract on behalf of the Plaintiff, which provides that “if the building permit is not permitted, only the down payment shall be returned without any condition,” as a special stipulation to the said sales contract.

C. The Plaintiff was paid KRW 150 million as the sales contract amount for the instant land, but the buyer was disqualified from the building permit and notified that the buyer would take legal measures in the event that the buyer did not comply with the request to return the down payment. On March 14, 2013, D, one of the buyers, was issued a provisional attachment order with the claim amounting to KRW 150 million as of March 14, 2013 ( Daejeon District Court 2013Gahap219) and completed the provisional attachment registration as to the instant land.

With respect to the instant real estate, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on March 13, 2013 by the Daejeon District Court Sejong District Court No. 8251, Mar. 14, 2013, which was received on March 14, 2013 with the Defendant as the person entitled to provisional registration.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's agent C did not conclude an actual sales contract with a view to having a provisional registration prior to the provisional seizure of the purchaser, with a knowledge of the provisional seizure of the land of this case, and without having entered into a sales contract with the purchaser, the provisional registration of this case was completed formally in the name of the representative director. However, unlike the initial intent, the provisional registration of this case was completed in order to a priority than the provisional registration of the purchaser

The provisional registration of this case is invalid in accordance with the false indication of conspiracy.

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