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(영문) 인천지방법원 2015.08.12 2014가단80159
소유권이전등기
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 25, 2014, through B, the Plaintiff, who is an employee of the Plaintiff, prepared and issued a contract for sale in lots (hereinafter referred to as “instant contract”) with the presumption that the Plaintiff purchased real estate listed in the attached list (hereinafter referred to as “instant real estate”) to Nonparty Company and the Defendant in relation to the payment of material purchase-price claims to the Plaintiff, which is the Plaintiff’s employee, as D and E (the actual representative director and the representative director at the time of each non-party company, appears to be the actual representative director and the representative director at each time).

B. At the time of the preparation of the instant contract as described in the foregoing paragraph (a), the Defendant did not have any contact with the Defendant in the course of the preparation of the instant contract, and the Plaintiff did not exchange such contact separately with the Defendant.

C. The seller of the instant contract’s name is printed on the Defendant’s name and the Defendant’s name is affixed a stamp image on the Defendant’s name. The above stamp image was affixed with the seal affixed to the Defendant’s name presumed E at the time.

The defendant completed registration of ownership preservation on August 11, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. On the premise that the Plaintiff’s assertion of the parties had concluded a contract as stipulated in the contract of this case between the Defendant and the Defendant, the Defendant himself did not prepare the contract of this case with the Plaintiff, and the Defendant merely carried out a new building project with the non-party company, and the Plaintiff appears to have prepared and received the contract of this case stolen by the Defendant’s name from the non-party company in the course of the non-party company’s transfer transaction with the non-party company. Thus, the Defendant did not accept the Plaintiff’s request.

B. The Plaintiff’s judgment as seen earlier 1.

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