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(영문) 서울남부지방법원 2016.01.19 2015가단212323

소유권말소등기 등

Text

1. As to each real estate indicated in the separate sheet,

A. Defendant B purchased and sold on April 1995 to the Plaintiff.

Reasons

1. The following facts are based on Gap evidence No. 1 (this document is proved to have been forged, but no evidence exists to acknowledge it) presumed to have established the entire document as a whole due to the lack of dispute between the plaintiff and the defendants, or due to the lack of dispute on the part of the stamp image of the defendant B, the defendant B, and the defendant C, and there is no evidence to acknowledge it as to the whole of the document. The whole purport of the arguments can be acknowledged in full view of the evidence No. 4-1 to No. 12, No. 7-1, No. 4-2, and No. 2-1 through No. 12, No. 2-12, and No. 2-12.

(1) Defendant B entered into a sales contract with the Plaintiff on Defendant B’s real estate (hereinafter “each of the instant real estate”) on March 8, 1990 as indicated in the separate sheet on March 8, 1990.

(2) Around April 19, 195, the Plaintiff and Defendant B entered into a contract with the Plaintiff to sell each of the instant real estate at the price of KRW 230 million (hereinafter “instant sales contract”) with the content that the Plaintiff would sell each of the instant real estate at the price of KRW 230 million (hereinafter “instant sales contract”).

B. The Defendant B and C written out the respective documents of Defendant B and C, stating that “the purchaser shall provide the documents without any condition at any time upon request of the purchaser for the documents for the transfer of name.”

C. On June 24, 1995, pursuant to the provisional disposition order of the Seoul District Court 95Kadan5574, the plaintiff's provisional disposition prohibiting disposal was registered with respect to each real estate of this case as the right holder.

(2) The provisional disposition of this case is referred to only as the "provisional disposition of this case."

Defendant C, D, E, F, and G ownership transfer registration under each of the names of Defendant B, on February 4, 2015, Defendant B made the registration of ownership transfer as described in Section 1-B of the Disposition with respect to each of the instant real estate to Defendant C. 2).