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(영문) 서울중앙지방법원 2019.01.10 2018나21790

소유권말소등기

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. H is the mother of the plaintiffs, the co-defendant E of the first instance court is the mother of H, and the co-defendant C of the first instance court and the attorney-at-law D are the couple.

B. H married with I on August 12, 1995 and resulted in the Plaintiffs. However, while divorced with I on June 5, 1998, H did not raise the Plaintiffs.

C. H purchased real estate listed in the separate sheet (hereinafter “instant real estate”) on November 21, 2006 and completed the registration of ownership transfer in its name on December 20, 206.

H died on April 13, 2008.

The co-defendant E of the first instance court, upon the death of H, consulted with his husband, who is a lawyer and the husband of the co-defendant C of the first instance court on the disposal of the instant real estate, which is inherited property.

E. D, upon delegation by the co-defendant E of the first instance court and J, forged a sales contract on December 5, 2007 with a seller’s H, buyer C, sales price of KRW 160,00,000, in which H sold the instant real estate to Co-Defendant C of the first instance trial, and completed the registration of transfer of ownership in the name of co-defendant C of the first instance court as the Seoul Central District Court’s registration office’s receipt of March 17, 2009, using the forged sales contract.

F. After that, Co-Defendant E of the first instance trial completed the registration of ownership transfer for the instant real estate under the name of Co-Defendant E of the first instance trial, which was prepared between Co-Defendant E of the first instance trial and Co-Defendant C of the first instance trial, on June 10, 2010, as the same registration date was received on June 29, 2010, and at the same time, the registration of ownership transfer was completed due to sale and purchase as of June 10, 2010.

G. As to the instant real estate, the Co-Defendant F of the first instance trial: (a) registered the ownership transfer based on sale on February 26, 2013, (b) No. 46838, Jan. 28, 2013; and (c) the Defendant successively completed the registration of ownership transfer based on sale on September 30, 2015, (b) No. 266925, Sept. 5, 2015, by the same registry office.

[Ground of recognition] Unsatisfy, A No. 1.