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(영문) 제주지방법원 2017.09.11 2016가단51278

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 24, 2012, E completed the registration of ownership transfer on the ground of property inheritance due to the consultation and division as of July 19, 1971.

B. The Plaintiff, Defendant B, and F are children, and Defendant C is the spouse of Defendant B.

C. On October 2, 2012, Defendant B and C completed the registration of share transfer for each of the instant land on the grounds of donation on the same day, and on March 4, 2013, Defendant B and C created a right to collateral security stated in the purport of the claim against the Republic of Korea, which caused the maximum debt amount to be KRW 150,000,000.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The Plaintiff asserted that the land of this case was donated from E and paid taxes to E while cultivating the land, and also managed E’s seal imprint. However, Defendant B and C forged E’s seal imprint, thereby making a gift contract and completing the registration of ownership transfer, and thus, the registration of ownership transfer in Defendant B and C is null and void as the registration of ownership transfer in the name of Defendant B and C is null and void, and the registration of ownership transfer in the name of Defendant B and C is void.

3. In light of the judgment, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendants forged the gift contract and completed the registration of ownership transfer for the land of this case while E suffers from dementia. The Plaintiff’s assertion is without merit, since there is no other evidence to acknowledge it.