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(영문) 춘천지방법원 2018.05.16 2017나51959
가등기말소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On November 8, 2006, the Plaintiff filed a registration of the right to claim partial transfer of shares against the Defendant on November 8, 2006, as the receipt of the Chuncheon District Court No. 50263, Nov. 8, 2006, on the real estate in the attached list No. 50263.

B. On January 18, 2007, the Plaintiff filed a registration with the Defendant on January 11, 2007 on the right to claim a transfer of the entire share based on a pre-sale agreement with the Chuncheon District Court Decision No. 3317, Jan. 17, 2007.

C. On November 7, 2008, the Plaintiff filed a registration of the right to claim transfer of ownership with the Defendant on November 7, 2008, under Article 59318 of the Chuncheon District Court’s receipt of the attached list, as to the 12 real estate as indicated in the attached list, on November 7, 2008.

On August 12, 2009, the Plaintiff filed a registration of the right to claim transfer of ownership with the Defendant on August 12, 2009, No. 40012, which was based on the reservation to trade, on August 12, 2009.

E. On December 7, 2010, the Defendant issued to C a partial transfer registration for each of the real estate listed in the separate sheet Nos. 1 and 2, each real estate listed in the separate sheet No. 3 and 4, each real estate listed in the separate sheet No. 3 and 4, E to E, each real estate listed in the separate sheet No. 5, F, each real estate listed in the separate sheet No. 6, 7, and 8, and each of the real estate No. 9, and 10 listed in the separate sheet No. 1/2

[Ground of certification] Facts without dispute, entry of Gap evidence 1 through 13 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. Determination as to the cause of the claim 1) A’s evidence No. 15-1 (written confirmation) as to the admissibility of evidence of the evidence of No. 15-1 (written confirmation, hereinafter “instant written confirmation”) is as follows.

The stamp image affixed on the seal of the defendant is consistent with the seal of the defendant, but it is proved that the plaintiff forged the certificate of this case after the defendant affixed the seal on the blank.

If the authenticity of the seal imprint, etc. is recognized, the relevant document shall be completed, except in extenuating circumstances.

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