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(영문) 인천지방법원 2015.02.13 2013가단229445
소유권말소등기
Text

1. Defendant B: (a) on May 7, 2012, the Gyeyang Registry of the Incheon District Court regarding the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On September 28, 2007, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from D and completed the registration of ownership transfer on November 2, 2007.

B. Defendant B, without the Plaintiff’s consent, presented the Plaintiff’s seal impression, certificate of personal seal impression, resident registration certificate, and certified resident registration abstract to a certified judicial scrivener E, and received donations from the Plaintiff on May 7, 2012, and delegated the Plaintiff’s application for ownership transfer registration.

C. As to the instant real estate, E filed an application for ownership transfer registration with respect to the instant real estate on May 7, 2012, and did not verify whether the Plaintiff was otherwise delegated the ownership transfer registration.

In addition, at the time of the above application for registration, the applicant was not the Plaintiff with the seal affixed to the column of “person responsible for registration” at the bottom of the “written confirmation” attached to the application for registration for transfer of ownership.

Accordingly, Defendant B, without the Plaintiff’s consent on May 7, 2012, completed the registration of transfer of ownership due to the gift made from May 7, 2012 (hereinafter “instant transfer of ownership”).

E. Meanwhile, on May 15, 2012, Defendant B completed the registration of the establishment of a mortgage over the instant real estate with the maximum debt amount of KRW 90 million against Defendant C.

[Ground for recognition] Defendant B: The fact that there is no dispute over Defendant C under Article 208(3)2 of the Civil Procedure Act, each entry of evidence A1 through 4, the result of appraiser F’s appraisal, and the purport of the whole pleadings

2. Determination:

A. According to the above facts, according to the judgment on the cause of the claim, Defendant B completed the registration of ownership transfer without any legal ground as to the instant real estate without being delegated by the Plaintiff, and based on this, Defendant C completed the registration of ownership transfer without any legal ground.

Therefore, barring special circumstances, Defendant B shall be the Plaintiff, and Defendant B shall be the instant case.

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