(영문) 서울중앙지방법원 2016.12.08 2016가합514133

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(영문) 서울중앙지방법원 2016.12.08 2016가합514133

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Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

According to the statements in Gap evidence Nos. 14 through 17, while the plaintiff and defendant B shared 1/2 shares of each of the real estate listed in the separate sheet on November 26, 2008 on the grounds of the sale on the same day as that of December 2, 2008, each of the above plaintiffs' shares has completed the registration of total share transfer in the defendant B, and the defendant Eul completed the registration of ownership transfer for 1/2 shares of each of the real estate listed in the separate sheet No. 3 to the defendant D and C on January 13, 2009.

The judgment on the plaintiff's claim is based on the forgery of documents necessary for the registration of transfer of ownership and completion of the registration of transfer of ownership on December 2, 2008. Thus, the registration of transfer of ownership on December 2, 2008 and the registration of transfer of ownership to Defendant D and C based thereon is a registration of invalidity of transfer of ownership as to the plaintiff, and the defendant B is liable to perform the registration procedure for transfer of ownership based on the restoration of real name with respect to 1/2 of the real estate listed in the attached Table No. 4, and the defendant D and C are liable to perform the registration procedure for transfer of ownership based on the restoration of real name with respect to 1/2 of the shares owned by each real estate listed in the attached Table No. 3.

On the other hand, the evidence submitted by the Plaintiff alone is insufficient to recognize the fact that Defendant B has completed the registration of transfer of ownership by forging the documents necessary for the registration of transfer of ownership, and there is no other evidence to acknowledge it. Rather, according to the evidence No. 3, the Plaintiff filed a complaint against Defendant B with the Seoul Southern District Prosecutors' Office for the crime of forging private documents, etc. for reasons as alleged above, but it is only recognized that a disposition was issued as suspicion on August 30, 2013.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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