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(영문) 부산지방법원 서부지원 2018.04.27 2017가단104215
소유권보존등기말소
Text

1. The defendant shall have jurisdiction over each real estate listed in the attached list to the plaintiff, which is the Busan District Court's branch office.

Reasons

1. Basic facts

A. The Plaintiff is an association established in order to reduce conventional market facilities and build a new aggregate building of five underground and second floor above ground-based condominiums (hereinafter “instant condominium building”) on the land outside Busan Seo-gu, Busan, which is one parcel of land, 3,874.7 square meters. The Plaintiff is an original acquisitor of the instant condominium building.

B. From June 21, 2012 to January 5, 2017, the Defendant served as the head of the Plaintiff’s partnership until the execution of duties is suspended due to the Busan District Court’s 2016Kahap332 provisional disposition order.

C. Each registration of preservation of ownership (hereinafter “registration of preservation of this case”) was completed on March 9, 2015 with respect to the underground first floor Nos. 101 (hereinafter “No. 101”) and the underground first floor No. 129 (hereinafter “No. 129”) listed in the attached list, which is a sectioned building of this case, as the Busan District Court’s Seo branch branch office, under No. 10402, Mar. 9, 2015.

With respect to the preservation registration of this case as to subparagraph 129, the Defendant was charged with the completion of the preservation registration on the ground of a joint meeting of directors/representatives of the Plaintiff Union on November 13, 2013, on charges of occupational breach of trust, false entry in public electronic records, and false entry into public electronic records, etc., and on charges of uttering of public electronic records. On February 23, 2017, at the first instance court, the Defendant was sentenced to a suspended sentence of two years (Jansan District Court 2016Da2379), and the Defendant and the Prosecutor appealed both (Jansan District Court 2017No1068), but the judgment dismissing the appeal was sentenced on July 21, 2017 (Supreme Court 2017Do1068) and the final appeal was declared on December 7, 2017 by both the Defendant and the Prosecutor (Supreme Court 2017Do12568).

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 10 (including virtual numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The original acquisitor of the Plaintiff’s Nos. 101 and 129 of the instant case is the Plaintiff. The Defendant, without any origin, forged a joint meeting register of directors/representatives of the Plaintiff Union using the status of the president of the association and subsequently, registered the preservation of the instant case to the Defendant.

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