소유권이전등기말소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 9, 2013, the Plaintiff’s share of 2308/4116 shares and 1808/416 shares of Defendant B, on the grounds of sale and purchase as to the 4,116m2 (hereinafter “instant land before the instant subdivision”) owned by the Defendant C, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land before the instant subdivision”) and the ownership transfer registration was completed on September 9, 2013 with respect to the share of 4,116m2.
B. On November 4, 2013, the instant land before the instant partition was divided into 2796 square meters E, 2796 square meters (hereinafter “joint-owned land”), D 60 square meters, F 660 square meters, and F 660 square meters. On November 29, 2013, D 660 square meters was solely owned by the Plaintiff, and F 660 square meters was completed by the transfer of shares as owned by the Defendant B solely, and F 660 square meters was completed (hereinafter “D land” is referred to as “the Plaintiff’s sole-owned land”; F hereinafter “Defendant B-owned land”); the Plaintiff’s sole-owned land and Defendant B-owned land were converted from the answer to the site on January 8, 2014.
(Defendant B’s sole-owned land is the land listed in the attached Table 1).
On September 9, 2013, the establishment registration of a neighboring mortgage was completed on September 9, 2013 with respect to the land before the instant partition. The establishment registration of a neighboring mortgage was also completed on the land owned by Defendant B and the joint land owned by Defendant B due to the division on November 4, 2013, and the establishment registration of a neighboring mortgage was revoked on August 17, 2016. The establishment registration of a neighboring mortgage was completed on August 17, 2016.
[Reasons for Recognition] Evidence No. 1-2, Evidence No. 1-1-2, Evidence No. 10-1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that G delegated the sales contract on the land prior to the instant partition to G. G, by deviating from the authority of representation on the opportunity that G had the Plaintiff’s seal impression, entered into a sales contract with the Plaintiff and Defendant B without authority to purchase co-ownership, and thereafter partition of co-owned property.