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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's ground for claim
A. On October 28, 1992, U.S. Co., Ltd. entered into a sales contract with the Defendant to purchase each of the instant real estate amounting to five million won from the purchase price, and entered into a sales contract (Evidence A No. 1; hereinafter “instant sales contract”) stating the above contents, etc. on the same day, and received receipts (Evidence A No. 2; hereinafter “the instant receipt”) from the Defendant.
B. On November 8, 2004, the Plaintiff entered into a claim transfer agreement with the company to acquire the right to claim for ownership transfer registration of each of the instant real estate from the said company, and notified the Defendant of the assignment of the claim by content-certified mail on March 23, 2006.
C. Therefore, the Defendant is obligated to implement each procedure for the registration of ownership transfer between the Defendant and the genetic video company on October 28, 1992 with respect to each of the instant real estate to the Plaintiff.
2. Determination
A. In the instant case where the Defendant denies the formation of each of the above documents by asserting that each of the seals affixed to the sales contract and receipts of this case was affixed by a forged seal, not the Defendant’s seal, and that each of the above documents was affixed by the Defendant, the authenticity of each of the above documents should be proved by the Plaintiff in accordance with the principle of allocation of the burden of proof. The evidence submitted by the Plaintiff alone cannot be deemed to have been affixed by the Defendant’s seal, and the above sales contract and receipts cannot be deemed as evidence because their authenticity is not recognized, and there is no other evidence to support that the Defendant concluded a sales contract with the Defendant on October 28, 1992, the Defendant’s request for the prior plaintiff cannot be accepted.
B. On the other hand, the defendant is also the defendant.