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(영문) 부산지방법원 2017.08.30 2016가합2379

소유권이전등기절차이행

Text

1. The Plaintiff:

A. Defendants B, C, G, H, I, Defendant (Appointed Party) among the 33 square meters of the area of 33 square meters prior to Busan Gangseo-gu, Busan, J, Appointed L, M, N, andO.

Reasons

1. Basic facts

A. On May 15, 2003, R entered into a sales contract with the Plaintiff to sell at 339,780,000 won for three parcels, including Gangseo-gu K and Q (hereinafter “instant sales contract”). On June 25, 2003, R shall implement all necessary matters for the procedures for the registration of ownership transfer at any time when the Plaintiff et al. wishes, etc. to sell at KRW 339,780,00 for three parcels, including Gangseo-gu K and Q.

‘The execution note of this case' is 'the execution note of this case' of June 18, 2003.

c) A certification was obtained with respect to the Plaintiff. The Defendant B, C, G, H, and I died on November 21, 2013. The Defendant B, G, H, and I are children between R and U (Death on October 15, 1980). Defendant D is the wife of death on October 12, 1980, and Defendant E and F are V’s children.

On the other hand, the defendant is appointed party, hereinafter referred to as "the defendant").

) J and Selection L, M, N,O, and P are children between R and W (Death around March 1968) (based on recognition) [Defendant J: (a) Defendant J did not dispute with each other; (b) Party B, C, G, H, I, D, E, and F; (c) Party A’s certificate (a sales contract and Defendant J alleged to the effect that the above sales contract was forged; (d) there is no dispute with the R’s seal portion; (c) the authenticity of the entire document is presumed to have been forged; and (d) there is not any evidence to otherwise recognize that the document was forged; and (e) there is no other evidence to prove that the document was forged.

The evidence No. 3 and Defendant J alleged to the effect that the part of the said letter of recognition was forged. However, in the authentication of a deed signed by a private person, barring special circumstances, such as where a notary public did not go through prior procedures for the confirmation of the client, the confirmation of the agency commission and the certification of the agency authority, etc. in accordance with the Notary Public Act, the authenticity of the deed signed by a notary public shall be presumed to have been established.

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