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(영문) 수원지방법원 2016.08.18 2015나44127

건물명도

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of this case is as stated in the corresponding part of the judgment of the court of first instance, except for adding the judgment of the court of first instance under paragraph (2) below. Thus, it is citing it as it is in accordance with the main sentence

2. Determination on addition

A. The Defendants asserted that, although there was no pre-sale agreement between the Plaintiff and Defendant B on June 7, 2013, which is the grounds for registration of each of the instant provisional registrations, the Plaintiff submitted a forged power of attorney to the court of first instance, and accordingly, the Plaintiff’s winning judgment was pronounced, and the ownership transfer registration based on the provisional registration of each of the instant cases was completed based on the ownership transfer registration, the Plaintiff’s claim of this case based on the ownership transfer registration is groundless.

B. Therefore, in full view of the purport of the entire pleadings in the above legal principles, namely, the facts acknowledged in the civil cases with which the plaintiff had already been established, as seen earlier, on the basis that they cannot be rejected without any reasonable grounds, as they are valuable evidence, barring any special circumstances. In full view of the purport of the entire pleadings in the above legal principles, the defendant Eul asserted that the lawsuit for performance of the principal registration based on the provisional registration that the plaintiff had already filed against the defendant Eul (with the Ansan District Court Decision 2013Da21984, the Seoul High Court Decision 2014Na20575, the Seoul High Court Decision 2014Da229818, hereinafter referred to as "the previous lawsuit in question"), and the defendant Eul did not have concluded a pre-contract for sale as of June 7, 2013, the establishment of each provisional registration in this case, or the absence of any agreement or delegation of the provisional registration in relation to the establishment of the provisional registration in this case.