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(영문) 광주지방법원 2016.03.30 2014가단504958

소유권이전등기말소등기

Text

1. Defendant B is the Gwangju District Court No. 18572, Sept. 12, 2013, as to the real estate stated in paragraph (1) of the attached list.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

A. The facts of recognition 1) A’s evidence 1-2, and 3 are as follows: (a) the real estate listed in paragraph (1) of the attached Table No. 1 owned by the Plaintiff is registered under the name of the Defendant of the Gwangju District Court No. 18572, Sept. 12, 2013; (b) the ownership transfer registration based on donation under the name of the Defendant B (hereinafter “registration No. 1”).

(2) As to the real estate listed in the [Attachment List No. 2] owned by the Plaintiff, the ownership transfer registration based on the gift on June 17, 2013, No. 12205, which was received on June 20, 2013, under Defendant B’s name (hereinafter “instant No. 2”).

) As to the real estate listed in paragraph 3 of the attached list owned by the Plaintiff, the ownership transfer registration for the gift on June 24, 2013 (hereinafter “instant third registration”) was made under the name of the Defendant B, the Gwangju District Court No. 12617, Jun. 25, 2013, as the receipt of June 25, 2013.

2) On the other hand, according to each description of Gap evidence Nos. 5 through 23 and Eul evidence Nos. 11 (including each number; hereinafter the same), it can be recognized that defendant B forged the power of attorney, etc. in the name of the plaintiff and applied for the registration of transfer of ownership.

B. Accordingly, Defendant B is obligated to perform the registration procedure for cancellation of each of the registrations Nos. 1, 2, and 3 of this case to the Plaintiff.

2. Determination as to the Plaintiff’s claim against Defendant C

A. The fact of recognition that Defendant B, on behalf of the Plaintiff on May 25, 2013, entered into a lease on a deposit basis with Defendant C for the real estate listed in paragraph (1) of the attached Table No. 170,00,000, and the duration from June 20, 2013 to June 19, 2015, and entered into a lease on a deposit basis with Defendant C for the real estate listed in the attached Table No. 170,00,000 on behalf of the Plaintiff, and completed the lease on a deposit basis with Defendant C as of June 20, 2015. The fact that Defendant C had completed the lease on a deposit basis as of June 20, 2013 (hereinafter “registration No. 4 of this case”) with the Gwangju District Court No. 122093 (hereinafter “registration No. 4 of this case”), but there was no dispute between the parties, according to each of the entries in the