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(영문) 부산지방법원 2017.12.20 2017나48598
소유권이전등기말소
Text

1. Revocation of a judgment of the first instance;

2. The 6/25 shares registry number among the 340 square meters of 340 square meters in Kimhae-si, shall be the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff owned 6/25 of the shares (number 3 of the priority register number; hereinafter “instant shares in the dispute”) in the 340 square meters (hereinafter “instant land”) of the 340 square meters of a road in Kimhae-si, Kimhae-si.

B. On October 22, 2013, the registration of transfer of ownership was completed in Defendant B, who is the Plaintiff’s head on the ground of the gift (hereinafter “instant gift agreement”) as the receipt of the Changwon District Court Kimhae registry Office from October 1, 2013 to October 1, 2013.

C. On April 25, 2016, Defendant Kim Young-si purchased the shares in the instant dispute from Defendant B, and completed the registration of ownership transfer in the future of Defendant Kim Young-si as the receipt of the Changwon District Court Kimhae-si Office on April 27, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 8, and purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that Defendant B would receive user fees for the instant land from Defendant Kim Young-si and received the Plaintiff’s certificate of personal seal impression and seal impression from the Plaintiff. The Plaintiff forged relevant documents as if he/she donated the instant dispute to himself/herself and completed the registration of ownership transfer in the future of Defendant B.

Although the Defendants asserted that the gift contract of this case was concluded, as long as it has been proved that the person without any title in the confirmation document, which is the document necessary for registering real estate, was forged, the registration of transfer of ownership in the name of Defendant B as to the shares in this case, aside from the authenticity of the gift contract, shall be cancelled as it is null and void due to the violation of the procedure. The registration of transfer of ownership in the name of Defendant Kim Sea as to the shares in this case, which was based on

B. Article 51 of the Registration of Real Estate Act provides that “Where there is no information on completion of the registration by the person liable for registration, the person liable for registration shall be present at the registry and verified by the registrar.

However, the applicant.

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