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수원지방법원평택지원 2015.04.15 2014가단12602

소유권말소등기

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

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

Reasons

1. Basic facts

A. With respect to Pyeongtaek-si E, which was originally owned by the Plaintiff (hereinafter “instant real estate”), the registration of Lanwon District Court’s Eunpyeong-gu Housing Sitewon and the registration of transfer of ownership in Defendant B’s name (hereinafter “registration No. 1”) was completed as of December 17, 2008 as of December 19, 2008, with the receipt of No. 61875, Dec. 19, 2008.

B. Since then, with respect to the shares of 548/3,078 out of the instant real estate, the registration of Suwon District Court’s Eunpyeong Housing Site Board was completed as to the shares in the Defendant’s name, which was received as of December 14, 2012, as of December 6, 2012, as of December 14, 2012, as to the shares of 1,539/3,078 out of the same real estate, the registration of the same court and the registration of ownership transfer in Defendant D’s name (hereinafter “instant registration”) was completed as of December 14, 2012, as of December 14, 2012, as of December 6, 2012.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff would sell the instant real estate to others at a high sale price, and issued a certificate of personal seal impression and a certificate of delegation to the Defendant B, and thereafter, issued documents necessary for the establishment of a collateral security, such as a certificate of personal seal impression and a certificate of personal seal impression, a certified copy of resident registration certificate, and a copy of a resident registration certificate, to the Defendant B, who would receive a low interest rate bank loan under the name of the Plaintiff.

However, Defendant B forged a sales contract, etc. in the name of the Plaintiff using a seal imprint certificate issued by the Plaintiff and the above documents, and completed the registration of the instant real estate.

Therefore, the registration No. 1 of this case and the registration No. 2 and No. 3 of this case based on it cannot be exempted from the cancellation due to the invalidation of the cause.

B. Where the registration of ownership transfer has been completed with respect to the judgment real estate, not only the third party but also the third party and also the legitimate procedure and reason for the former owner.