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(영문) 서울중앙지방법원 2016.12.22 2016가단5014730

소유권말소등기

Text

1. As to the portion of 1/4 of the real estate listed in the separate sheet for real estate against the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. The real estate indicated in the attached list of real estate (hereinafter “instant real estate”) is the real estate owned by Nonparty F, and F was killed by Nonparty G, who was located on February 6, 2015, and the Plaintiffs jointly inherited the rights and obligations of the deceased in proportion to their respective shares of 1/4 with the net F’s brothers and sisters.

B. On January 5, 2015, G forged a sales contract stating that the instant real estate was sold to Defendant E for KRW 400 million by stealing the registration certificate of the instant real estate at the net F’s house and selling it for KRW 500 million.

In addition, it received a false certificate of the personal seal impression and a certificate of the personal seal impression for real estate sale on the sales contract that is forged at least 20:30 on the same day and issued a sales contract to Defendant E along with a certificate of the personal seal impression.

C. The networkF, around 22:00 on the same day, cannot lend the name to G by changing the mind, demanding that it return the certificate of the personal seal impression and the certificate of the personal seal impression; and Defendant E was returned along with the certificate of the personal seal impression and the certificate of the personal seal impression.

G, around 9:45 on February 6, 2015, after killing F on the third floor of H building in Dongducheon-si, Dongducheon-si, and then stolen a certificate of personal seal impression and a certificate of personal seal impression.

E. On February 9, 2015, Defendant E obtained a deceased’s certificate of personal seal impression or seal imprint from G and completed the registration of transfer of ownership based on sale on February 6, 2015.

F. On February 16, 2015, the Defendant bank entered into a mortgage contract with Defendant E on a maximum debt amount of KRW 288 million and completed the registration of establishment of a neighboring mortgage on the 17th of the same month.

[Ground of recognition] Unsatisfy, Gap 1 to 6 evidence, Eul 9 and 10 evidence (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. (1) Each registration completed by the Plaintiff Defendants is a registration invalidation of the cause. (2) The relationship between Defendant E and the net F is not known, and Defendant E is a repayment of the claim against G.