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(영문) 부산지방법원 2018.12.05 2018가단2697
증서진부확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' summary of the plaintiffs' assertion is that no sales contract in the attached list (hereinafter "the sales contract of this case") was prepared, and it was forged, and therefore, they seek to confirm that the sales contract of this case was not a document duly formed.

2. In full view of the following facts and circumstances acknowledged by the parties to the judgment, the testimony of the witness D alone is insufficient to acknowledge the fact that the instant sales contract was forged, and there is no evidence to acknowledge it otherwise.

The Plaintiffs asserted that “a sales contract (Evidence A No. 2) dated May 26, 2016 stating the sale amount of the land and building under a special contract of KRW 2.9 billion, total fixtures, fixtures, and interior decorations amounting to KRW 700 million is a genuine sales contract.” The Plaintiffs asserted that the instant sales contract (Evidence A 3) of this case dated May 28, 2016, stating the sale price of KRW 3.6 billion, without any such special agreement, was forged.

(A) The Defendant asserts that the Plaintiff’s seal affixed on the instant sales contract is his own, but it is not true that the Plaintiffs signed and sealed. Accordingly, the Defendant, at the initial request of the Plaintiffs, prepared the sales contract (No. A. 2) on May 26, 2016, and subsequently, prepared the instant sales contract according to mutual agreement, which is likely to be subject to criminal punishment, to the extent that the said contract falls under a multi-unit contract, and that the said contract was duly formed.

On July 1, 2016, the registration of ownership transfer was completed for the real estate subject to the instant sales contract. The grounds for registration are recorded as sale and purchase on May 28, 2016, such as the instant sales contract.

As long as the registration has been completed as above, the existence, validity, or registration procedure of the above grounds for registration shall be completed according to the presumption of registration.

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