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(영문) 서울동부지방법원 2018.01.26 2017가단130170

소유권말소등기

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1. On September 2, 2016, the Defendant received on September 2, 201 from the Chuncheon District Court and the East Sea Registry.

Reasons

1. The Plaintiff, on September 1, 2016, on behalf of the Defendant, entered into a sales contract with C (the Plaintiff and the Defendant’s wife) with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”). On September 2, 2016, the Plaintiff completed the registration of ownership transfer under the name of the Defendant (hereinafter “the registration of ownership transfer”) under Article 939 of the receipt registry office of Chuncheon District Court on September 2, 2016. However, C did not have the power to represent the said sales contract from the Defendant, and C did not intend to ratification or implement the said sales contract.

2. According to the above facts, the instant sales contract is null and void by acting as an unauthorized agent. Since the ownership transfer registration of this case is deemed null and void by the invalid sales contract, the Defendant is obligated to implement the registration procedure for cancellation of ownership transfer registration of this case with respect to the instant real estate.