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(영문) 의정부지방법원 2019.12.24 2019가단120039
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. As of June 7, 2019, a sales contract is prepared between the Plaintiff and the Defendant with respect to real estate indicated on the basis of the facts attached thereto.

At the time, the defendant's wife C was the defendant's representative, and was in possession of the registration right, identification card, seal imprint, and seal imprint.

[Evidence A] Evidence Nos. 2 and 4

2. The plaintiff's assertion of the parties is that the plaintiff lent KRW 90 million to the defendant's wife C on March 26, 2019, and entered into a sales contract with C delegated by the defendant to return the loan, and the defendant's assertion does not include the defendant's delegation of the conclusion of the sales contract to C.

3. Although the judgment C had the registration right, identification card, seal imprint, and seal imprint, there is no evidence that the Defendant entrusted C with the conclusion of a sales contract.

Meanwhile, the above registration certificate, etc. can be easily obtained by C as the defendant's wife, and the certificate of personal seal impression C is issued as an agent after being pointed out by the licensed real estate agent immediately before the sales contract was entered into, and is in the disturbance for use. At the time of issuing a certificate of personal seal impression or at the time of the sales contract, the plaintiff did not confirm the defendant's intent to dispose of the real estate of this case, and the plaintiff's loan bond is related to

In light of the fact that there is no evidence related to the daily living of the defendant couple or the defendant couple, there is no objective reason to justify the plaintiff's belief that the defendant granted C the right to represent the sales contract of this case.

Therefore, the sales contract of this case has no effect on the defendant.

4. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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