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(영문) 의정부지방법원 고양지원 2018.01.18 2017가단82303

소유권이전등기말소등청구의 소

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1. Defendant B shall support the Plaintiff with respect to the real estate stated in the separate sheet in the attached sheet.

Reasons

1. Recognizing the facts, Defendant B is the Plaintiff, and Defendant C (hereinafter “Defendant Company”) is a company for which Defendant B serves as the representative director.

Defendant B completed the registration of ownership transfer on the ground of sale as of March 23, 2017 with respect to the Plaintiff’s share among the Plaintiff’s share of 100.9/513, E road 117 square meters, among the Plaintiff’s share of 60.7/117, F road 255 square meters, among the Plaintiff’s share of 73.92/255 square meters, and G road 186 square meters, among the Plaintiff’s share of 128.05/186 square meters (hereinafter “instant road”), among the Plaintiff’s share of 513 square meters on April 28, 2017.

In addition, Defendant B completed the registration of ownership transfer based on the sale on March 23, 2017, with respect to each land listed in the separate sheet (hereinafter “instant land”) on which the Plaintiff was registered for the transfer of ownership on the same day.

On May 23, 2017, Defendant B completed the registration of the right to claim transfer of ownership on the road and land of this case on the same day.

[Ground of recognition] Unsatisfy, Gap 1-6 evidence, the purport of the whole pleadings

2. Determination

A. (i) The validity of the registration of transfer of ownership in Defendant B’s name (i) and the Plaintiff and Defendant B, who entered into a sales contract on March 23, 2017 between the Plaintiff on March 23, 2017 and the Defendant B, are not contested by the said party.

The Defendant B asserted that he concluded a sales contract on the instant land as of January 23, 2017 with the Plaintiff and paid the purchase price.

However, the evidence Nos. 4-1 and 2 (each sales contract) does not change the seal imprint as of May 25, 2004 and any other evidence to acknowledge the authenticity of the sales contract cannot be used as evidence, and there is no evidence to acknowledge that there was an agreement between the Plaintiff and Defendant B on January 23, 2017, such as the sales contract.

Article 25 of the Civil Code provides that the defendant B shall be entitled to the payment of the expenses incurred by the plaintiff on February 2017.