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(영문) 대전지방법원천안지원 2014.11.18 2014가단13200

소유권이전등기말소 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. At the time of March 22, 2004, the Plaintiff Company (formerly: D) purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant B, a representative director, and completed the registration of ownership transfer.

B. On September 17, 2004, Defendant B completed the registration of cancellation of ownership transfer on the ground of the cancellation of agreement with the Plaintiff Company.

C. On May 22, 2006, Defendant Boan City completed the registration of ownership transfer on the ground of the acquisition of the land for public use from Defendant B on May 19, 2006.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Plaintiff’s assertion (1) Defendant B forged a certificate of cancellation of a sales contract necessary for cancellation of ownership transfer registration by using the fact that the representative director of the Plaintiff Company, as the corporate chief director of the Plaintiff Company, and the certificate of cancellation of ownership transfer registration, and completed the registration of cancellation of ownership transfer registration for reasons of cancellation of agreement based on this. Defendant B did not obtain the necessary approval of the board of directors required for the transaction between the company and the director and did not pay the consideration to the Plaintiff Company. The registration of cancellation of ownership transfer is an invalid registration, and the Plaintiff is still the owner of the instant real estate, and the Plaintiff is

(2) Defendant B, who did not have any right to the instant real estate, completed the said registration of ownership transfer for the reason of consultation on public land from Defendant B, who did not have any right to the instant real estate, and the said registration of ownership transfer is also null and void based on the registration null and void of the cause. The Plaintiff is obliged to implement the procedure for registration of ownership transfer

B. (1) Determination. (A) Registration of claim against Defendant B is made.