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(영문) 서울중앙지방법원 2012.12.28 2012가합75579
가등기말소
Text

1. On October 24, 2008, the defendant filed with C a branch office of the Daegu District Court with respect to the building stated in the attached list.

Reasons

1. Facts of recognition;

A. On October 18, 2004, the Plaintiff loaned KRW 500 million to C as of December 31, 2007.

B. C, when the building listed in the separate sheet (hereinafter “instant building”) was put into insolvent in the process of constructing a new building, as to the instant building completed in order to escape compulsory execution on October 24, 2008, he/she completed provisional registration of the right to claim transfer of ownership as stated in the order for trade reservation in the future of the Defendant, for whom he/she is working as a representative director.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Since the pre-sale agreement entered into between C and the Defendant regarding the instant building is null and void as a false declaration of agreement, the Plaintiff may seek the cancellation of the provisional registration of the instant building against the Defendant, by subrogation, in order to preserve the above loan claim against C, which is currently insolvent.

The defendant's assertion that the plaintiff filed the lawsuit of this case after the lapse of one year from the time that the provisional registration was made with the knowledge that the above reservation was a false declaration of conspiracy, cannot be accepted since the plaintiff's assertion that the false declaration of conspiracy can be asserted at any time without restriction on the time.

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