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(영문) 의정부지방법원 2011.12.29 2011나13969
소유권말소등기 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is that the reasoning for the judgment of the court of first instance is the same as that for the corresponding part of the reasoning for the judgment, and thus, they are cited in accordance with the main sentence

2. The plaintiff's assertion and judgment first, although the plaintiff did not sell the real estate of this case to the defendant Eul, the plaintiff was unaware of the plaintiff, forged documents, etc. and completed the registration of ownership transfer in the name of the defendant Eul without any cause. Thus, since both the registration of ownership transfer in the name of the defendant Eul and the registration of ownership transfer in the name of the defendant Eul and the registration of ownership transfer in the name of the defendant bank are invalid, the defendants asserted that the plaintiff is liable to implement the registration procedure of cancellation of each of the above registrations. 2) Further, even if the plaintiff sold the real estate of this case to the defendant Eul even if the plaintiff sold the real estate of this case to the defendant Eul, the plaintiff concluded the above sales contract under the condition that the plaintiff was clearly known as brain stroke

3) Finally, the Plaintiff asserts that the instant real estate sales contract between the Plaintiff and the Defendant B was the substance of the contract, and thus, the said contract was null and void since the Act on Security of Provisional Registration was applied and did not go through a liquidation procedure. Thus, the Defendants are liable to implement the registration procedure for cancellation of each of the above registrations to the Plaintiff. (B) The Defendants asserted that: (a) the Plaintiff is liable to perform the registration procedure for cancellation of each of the above registrations; (b) the determination of the absence of a sales contract; and (c) the registration titleholder is presumed to have acquired ownership by legitimate grounds for registration as well as the third party; and (d) on the other hand, the registration of real estate was presumed to have not been reflected in the process or form that led to the public announcement of the present real right state

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