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(영문) 대전지방법원 2018.04.13 2017가단200259

소유권말소등기

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1. The Defendant received, on July 9, 2015, the Daejeon District Court’s Sejong District Court’s receipt of the attached list No. 1 as to the Plaintiff.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by the Plaintiff.

B. On March 2, 2015, the Plaintiff entered into a sales contract with C on the instant real estate. The total sales amount is KRW 334,00,000,000, and the down payment is KRW 10,000,000,000, at the same time as the contract was entered into, and the remainder amount is KRW 324,00,000,000,000, which the Plaintiff subscribed to C, shall be paid in lieu of C.

C. C around July 5, 2015, around July 5, 2015, the Plaintiff’s representative D and the husband of the Plaintiff’s agent, called the Plaintiff’s agent, and requested E to obtain provisional registration as a safety device, and E consented thereto.

E on July 6, 2015, upon C’s request, signed and sealed the Plaintiff’s corporate seal impression in the letter of delegation form in blank, which was issued by the Seoul Southern District Court registry and the certificate of corporate seal impression of the Plaintiff, and delivered to C.

(hereinafter referred to as “the power of attorney of this case”).

C transferred the above certified transcript of register, certificate of corporate seal impression, and power of attorney to F, which was delivered by E, (C testified in this Court that, as C was aware of the ability to pay fraternity money to the Plaintiff at the time, F gave testimony that it would sell the instant real estate, and F would make it available to G certified judicial scrivener office to file an application for provisional registration in the future of the Defendant.

F The purpose of H was to secure the total amount of KRW 510 million loaned by the Defendant on March 23, 2015 and May 28, 2015.

F. As of July 9, 2015, G certified judicial scrivener prepared a pre-contract between the Plaintiff and the Defendant to sell and purchase the instant real estate at the price of KRW 510 million (Evidence A 3-5) with the consent of F. The Plaintiff’s genuine corporate seal affixed to the said document is the Plaintiff’s seal impression.